HANOVER NEW JERSEY ESSEX COUNTY DIVORCE MEDIATION

The nursing home claimed the debts owed to it by the Debtor were nondischargeable because she allegedly converted, misappropriated, and improperly administered the funds of her mother, a patient at the plaintiff's facility. This was while the daughter acted as fiduciary for her mother. The court reviews in detail the various sources of the mother's funds -- including pension, bank accounts, social security payments, personal injury settlement proceeds, and life insurance proceeds---and the daughter's efforts to administer her mother's financial affairs. HELD : the plaintiff failed to show the Debtor's intent to defraud, and failed to establish her purported fiduciary defalcation . The daughter was therefore permitted to retain her Chapter 7 discharge from the debt owed to plaintiff.     I/M/O Parks, Debtor; Silver Care Center v. Parks, U.S. Bankruptcy Ct., District of New Jersey, August 8, 2007