The plaintiff filed a motion for summary judgment on its non-dischargeability complaint against the debtor which alleged that the debtor committed defalcation while acting in a fiduciary capacity, and seeks a non-dischargeability determination under 11 U.S.C. § 523(a)(4).  The court found that a dispute existed as to whether the debt was a result of the debtor's alleged defalcation.  Therefore, the court denied the motion for summary judgment.