Order denying plaintiff’s motion for summary judgment on 523(a)(4) claim. Plaintiff’s Michigan default judgment (for violation of Michigan Building Contract Fund Act) not entitled to issue preclusive effect in dischargeability proceeding because neither federal law nor Michigan law would give preclusive effect to a default judgment based on a “true default” where there was no participation by the defendant.   As to merits of the 523(a)(4) claim, the Plaintiff had failed to establish necessary element of MBCFA in order for court to determine that debt was a trust fund debt.  As a result, summary judgment inappropriate at this time.