Legal Opinion
Follett Higher Education Group, Inc. v. Berman
Court of Appeals for the Seventh Circuit
Decided January 20, 2011No. 10-1882PublishedCited by 1 opinion
1Opinion of the Court
HAMILTON, Circuit Judge.
The bankruptcy court held that a creditor failed to prove that a debt owed to it was non-dischargeable under 11 U.S.C. § 523(a)(4), which provides that a debt will not be discharged in bankruptcy where that debtor has committed “fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny.” Concluding that the creditor had not established that the debtor acted in any fiduciary capacity toward the creditor, the court entered judgment for the debtor. The district court affirmed the finding that the debt was dischargeable, as do we. We agree with…
2Cases cited28 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- Francine Klingman v. Melvin E. LevinsonCourt of Appeals for the Seventh Circuit · 1987
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- In Re Gerald JOHNSON, Bankrupt, CARLISLE CASHWAY, INC., Plaintiff-Appellant, v. Gerald JOHNSON, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1982
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3Cited by1 opinion
- Edward W. v. Frank Bisignano, Commissioner of Social SecurityDistrict Court, C.D. Illinois · 2026