Prior to the filing of debtor's chapter 7 petition, debtor's wife had placed money into an account she owned jointly with him, with the understanding that debtor would manage those funds on her behalf. Instead, debtor used wife's funds for his own purposes. Wife claimed entitlement to a non-dischargeable judgment against debtor pursuant to 11 U.S.C. § 523(a)(4). The court found that, as wife had not proven the existence of an express, technical, or statutory trust, she had not proven a claim for breach of fiduciary duty under § 523(a)(4). However, the court found that debtor's conduct was an embezzlement within the scope of § 523(a)(4), and awarded wife a non-dischargeable judgment for the funds debtor had appropriated to his own use.