Opinion
Case No. 10-20900-PB7 Adv. Case No. 11-90088
2013-09-25
In re JOSEPH CHARLES CAPOZZOLI and, KRISTIE JACQUELINE CAPOZZOLI Debtor. LAWRENCE PASTERNACK, Plaintiff, v. JOSEPH CHARLES CAPOZZOLI and KRISTIE JACQUELINE CAPOZZOLI, and DOES 1 to 10 Defendants
WRITTEN DECISION - NOT FOR PUBLICATION
ORDER
Since this matter was taken under submission following trial and post-trial briefing, the United States Supreme Court filed its decision in Bullock v. BankChampaicrn, N.A. ___ U.S. ___, 133 S.Ct. 1754 (2013). That opinion addresses the "defalcation" element of a cause of action for nondischargeability under 11 U.S.C. § 523 (a)(4).
In the instant case, plaintiff has asserted, among others a cause of action under § 523 (a)(4). Both sides should have the opportunity to address what effect, if any, the Supreme Court's recent decision may have on their respective contentions.
Accordingly, the matter is withdrawn from submission pending further briefing. Each side may submit their views on the effect, if any, of Bullock on or before October 28, 2013. Any such brief shall not exceed ten (10) pages, and no reply briefs are authorized. This is not an opportunity to reargue other issues, and any argument not relevant to the specific question of the effect of Bullock will not be considered.
IT IS SO ORDERED.
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PETER W. BOWIE, Judge
United States Bankruptcy Court