Georgia Lottery Corp. v. Premji, Adv No. 05-6588, 2006 Bankr. LEXIS 2571 (Bankr. N.D. Ga. September 14, 2006) (Massey) – Debtor was retailer who sold lottery tickets for the Georgia Lottery Corp. and had a contractual duty pursuant to contract and O.C.G.A. §50-27-21(a) to preserve and account for proceeds from the sale of tickets. Debtor’s failure to account for proceeds constitutes a “defalcation,” even if it did not rise to the level of fraud, embezzlement or misappropriation. Therefore, the debt was nondischargeable pursuant to §523(a)(4).

Guerra v. Ampel, Adv. No. 05-6462, 2006 Bankr. LEXIS 2570 (Bankr. N.D. Ga. September 26, 2006)(Murphy) – Fees for Guardian Ad Litem appointed in debtor’s divorce proceeding were nondischargeable pursuant to 11 U.S.C. §523(a)(5). The fees constitute an indirect award of support to a spouse, former spouse or dependent, and were in the nature of support for the debtor’s child.