Legal Opinion
Follett Higher Education Group, Inc. v. Berman (In Re Berman)
Court of Appeals for the Seventh Circuit
Decided January 21, 2011No. 10-1882PublishedCited by 41 opinions
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
23 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Honkanen v. Hopper (In Re Honkanen)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
- In Re Olde Prairie Block Owner, LLCUnited States Bankruptcy Court, N.D. Illinois · 2011
- Zamora v. Jacobs (In Re Jacobs)United States Bankruptcy Court, N.D. Illinois · 2011
- Wachovia Securities, LLC v. Jahelka (In Re Jahelka)United States Bankruptcy Court, N.D. Illinois · 2010
- Larson v. Bayer (In re Bayer)United States Bankruptcy Court, E.D. Pennsylvania · 2014
36 more not listed; retrieve them via the Exa API.