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Clarence J. Smith Testamentary Trust v. Day (In re Day)

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA
Oct 1, 2012

Sarah Sharer Curley

Chapter 7
(Not for Publication- Electronic Docketing
ONLY)
ORDER INCORPORATING
MEMORANDUM DECISION DATED SEPTEMBER 29, 2012

Based upon this Court's Memorandum Decision dated September 29, 2012, which is incorporated by reference:

The Court finds that the Debtors shall be liable to the Trust in the amount of $1,396,410.65 under Section 523(a)(4) and (a)(6) as a result of the embezzlement by the Debtors of funds that should have been returned to the Trust. The Court denies any relief to the Trust under Section 523(a)(2)(A). Therefore,

IT IS ORDERED that the debt owed to the Plaintiff is non-dischargeable.

______________


Honorable Sarah Sharer Curley


United States Bankruptcy Judge