In re Gara

190 F. 112, 1911 U.S. Dist. LEXIS 152

Opinion

J.'B. McPHERSON, District Judge.

It may be that the debt due to the objecting creditor was created by the misconduct of the bankrupt while acting in a fiduciary capacity. Assuming this to be true, section 17 protects the debt from discharge, but the mere existence of such a debt,does not prevent the bankrupt from receiving a discharge from his other provable obligations. The only obstacles to a discharge are described in section 14, and I do not find among them the creation of a debt by-the bankrupt’s fraud or other misconduct while acting in a fiduciary capacity. At the best, the pending specification charges such Creation and nothing more, and this is plainly insufficient.

The motion to dismiss is granted.