Legal Opinion
Bullock v. BankChampaign, N. A.
Supreme Court of the United States
Decided May 13, 2013No. 11-1518PublishedCited by 434 opinions
1Opinion of the CourtJustice Breyer
*269 Section 523(a)(4) of the Federal Bankruptcy Code provides that an individual cannot obtain a bankruptcy discharge from a debt "for fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny." 11 U.S.C. § 523 (a)(4). We here consider the scope of the term " defalcation." We hold that it includes a culpable state of mind requirement akin to that which accompanies application of the other terms in the same statutory phrase. We describe that state of mind as one involving knowledge of, or gross recklessness in respect to, the improper nature of the relevant fiduciary…
2Cases cited14 opinions
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Kawaauhau v. GeigerSupreme Court of the United States · 1998
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Babbitt v. Sweet Home Chapter, Communities for Great Ore.Supreme Court of the United States · 1995
- Gleason v. ThawSupreme Court of the United States · 1915
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3Cited by434 opinions
- Bartenwerfer v. BuckleySupreme Court of the United States · 2023
- Plyam v. Precision Development, LLC (In Re Plyam)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015
- Estate of Cora v. Jahrling (In Re Jahrling)Court of Appeals for the Seventh Circuit · 2016
- In re: Benjamin Moonkang HuhUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
- Northbay Wellness Group v. Michael BeyriesCourt of Appeals for the Ninth Circuit · 2015
429 more not listed; retrieve them via the Exa API.