Bankruptcy Appellate Panel of the Tenth Circuit December 23, 1997, BAP No. NO-97-037, Bankruptcy No. 95-1209, Adversary No. 95-00321 (Employers Workers' Compensation Ass'n v. Kelley (In Re Kelley))

OPINION

PUSATERI, Bankruptcy Judge.

This is an appeal from a judgment, entered after a bench trial, that determined a debt to be dischargeable under 11 U.S.C.A. § 523(a)(4) or (6). The creditor contends the debt arose from embezzlement or from defalcation while acting in a fiduciary capacity, covered by (a)(4), or from conversion, covered by (a)(6).

I.