Esplanade Enterprises, Inc. v. Horne (In re Horne)

MEMORANDUM DECISION AFTER TRIAL

Introduction

This is an adversary proceeding to liquidate alleged debts and, to the extent liquidated, except those debts from discharge. The plaintiffs are Esplanade Enterprises, Inc., and Joseph Miceli. The defendant is Steven J. Horne.

The complaint was filed on January 5, 2015. It alleges three claims for relief: (1) an embezzlement/larceny claim under 11 U.S.C. § 523 (a)(4) in the First Claim for Relief; (2) a willful and malicious conversion claim under 11 U.S.C. § 523 (a)(6) in the Second Claim for Relief; and (3) a fraudulent misrepresentation claim under 11 U.S.C. § 523 (a)(2)(A) in the Third Claim for Relief. There is no proof of service of the summons and complaint filed on the docket. Nevertheless, Home answered the complaint on February 2, 2015.

' A trial in this matter was held on February 22, 2016. Raymond L. Sandelman, *245 Esq., appeared for Esplanade and Miceli. Horne appeared pro se.

The parties stipulated to undisputed facts in a Joint Pretrial Statement of Undisputed Facts filed on October 28, 2015, as docket no. 24. Those undisputed facts are all deemed admitted and they are incorporated by this reference. The court also…