From the Editor – Discharge

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By The Honorable William Houston Brown (Retired)

Marital relationship did not constitute express or technical trust for purposes of § 523(a)(4). Under Washington common law, the marital relationship does not constitute the required trust for purposes of § 523(a)(4); therefore, the Chapter 13 debtor did not commit defalcation of a fiduciary duty as to management of community property during the marriage. Mele v. Mele (In re Mele), 501 B.R. 357 (BAP 9th Cir. 2013).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the . . .

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