IN RE: JOHN DAVID HALL d/b/a Cabin Creek Enterprises, Inc. CASE NO. 94-50954

UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF KENTUCKY

LEXINGTON DIVISION

IN RE:

JOHN DAVID HALL

d/b/a Cabin Creek Enterprises, Inc. CASE NO. 94-50954

Hall Holdings, Inc.

DEBTOR

GEORGE GIBSON

MARY BETH GIBSON PLAINTIFFS

v. ADV. NO. 94-5111

JOHN DAVID HALL DEFENDANT

ORDER

This matter is pending on the motion of the plaintiffs, by counsel, for summary judgment on the complaint which seeks to have excepted from discharge under 11 U.S.C. § 523(a)(4) indebedness in the aggregate amount of materialmen's and mechanic's liens lodged against the real property of the plaintiffs by unpaid suppliers of building materials utilized by the debtor in constructing a residence for the plaintiff.

KRS 376.070 does not create a trust by implication. Comm. of Ky. United Pac. Ins. Co. v. Laurel County, 805 F.2d 628, at 632-634 (6th Cir. 1986). Also, the record does not establish a factual similarity between this case and Nantz v. Puterbaugh, Adv. No. 87-0289 (opinion by Judge Bare, October 4, 1989).

Accordingly, the motion of the plaintiffs for summary judgment should be and hereby is overruled.

Dated: March 7, 1995.

By the court -

Joe Lee, Chief Judge

Copies to:

James W. Lyon, Esq.

Barbara M. Griffin, Esq.