Legal Opinion
Fogg ex rel. Estate of Brown v. Pearl (In re Pearl)
United States Bankruptcy Court, E.D. Pennsylvania
Decided December 5, 2013No. Bankruptcy No. 12-11372 ELF; Adversary No. 12-0382PublishedCited by 18 opinions
1Opinion of the Court
OPINION
ERIC L. FRANK, Chief Judge.
I. INTRODUCTION
Earlier this year, the Supreme Court issued its decision in Bullock v. BankChampaign, N.A., — U.S. -, 133 S.Ct. 1754, 185 L.Ed.2d 922 (2013), resolving an issue of bankruptcy law that divided the lower courts for close to 100 years. That issue was whether 11 U.S.C. § 523(a)(4), which provides that a debt “for ... defalcation while acting in a fiduciary capacity” is nondischargeable in a chapter 7 case, requires any level of scienter (and if so, what degree of scienter).
In Bullock, the Court held that “defalcation” under § 523(a)(4) requires a…
2Cases cited14 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Bullock v. BankChampaign, N. A.Supreme Court of the United States · 2013
- In Re David Louis Cohn, Debtor. Insurance Company of North America v. David Louis CohnCourt of Appeals for the Third Circuit · 1995
- Denton v. HymanCourt of Appeals for the Second Circuit · 2007
- United States Securities & Exchange Commission v. Infinity Group Co.Court of Appeals for the Third Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Symonies v. Sobol (In re Sobol)United States Bankruptcy Court, M.D. Pennsylvania · 2016
- Caitlin Energy, Inc. v. Rachel (In re Rachel)United States Bankruptcy Court, N.D. Georgia · 2015
- Aiello v. Aiello (In re Aiello)United States Bankruptcy Court, W.D. Pennsylvania · 2015
- Cincinnati Insurance v. Chidester (In re Chidester)United States Bankruptcy Court, W.D. Virginia · 2015
13 more not listed; retrieve them via the Exa API.