United States Bankruptcy Appellate Panel for the Ninth Circuit September 28, 2006, BAP No. SC-05-1314-SRyMa, Bankruptcy No. 03-05103, Adversary No. 03-90314 (T & D Moravits & Co. v. Munton (In Re Munton))

OPINION

SMITH, Bankruptcy Judge.

An unpaid subcontractor sought to except from discharge debt incurred by debt- or through the alleged breach of fiduciary duty arising from the misapplication of statutory trust funds. The bankruptcy court denied its motion for summary judgment and this appeal followed.

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We REVERSE and REMAND.

I. FACTS

T & D Moravits & Co.