BANKRUPTCY 
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
Proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
See “Court clarifies bankruptcy discharge standard for fiduciaries”
U.S. Supreme Court. Bullock v. BankChampaign, No. 11-1518. May
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Court clarifies bankruptcy discharge standard
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.
Court considers if breach of duty judgment can be discharged
By:
Kimberly Atkins
Published: March 18, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, U.S. Supreme Court
WASHINGTON – A quarrel between family members may sometimes lead to someone saying: “I didn’t mean to hurt you.” Justices of the U.S. Supreme Court are considering whether that sentiment is enough to get a breach of fiduciary duty judgment discharged in bankruptcy.
Justices take up bankruptcy misconduct case
Published: October 29, 2012
Tags: Bankruptcy, defalcation, U.S. Supreme Court
The U.S. Supreme Court will decide whether a judgment against a debtor for breaching the terms of a trust constitutes “defalcation” under the Bankruptcy Code and therefore disqualifies that debt from a bankruptcy discharge.
State judgment nondischargeable in bankruptcy
Published: February 17, 2012
Tags: defalcation, fraud, nondischargeable
A debtor could not obtain a bankruptcy discharge of a state judgment entered against him for breaching his duties as trustee of his father’s trust, the 11th Circuit has ruled in affirming judgment.
