Supreme Court Corner

By M. Jonathan Hayes

Bullock v. Bankchampaign N.A., --- U.S. ---, --- S.Ct. ---, 2013 BL 125909 (May, 2013)

Issue: Does non-dischargeability of a debt by defalcation by a fiduciary require a showing of intentional conduct or bad faith, or is "objective recklessness" sufficient?

Holding: "[W]here the conduct at issue does not involve bad faith, moral turpitude, or other immoral conduct, the term requires an intentional wrong."

Justice Stephen Breyer for 9-0 court

The debtor was the trustee . . .

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