United States First Circuit

In determining when a fiduciary of a trust is in "defalcation while acting in a fiduciary capacity," and so may not be discharged from those debts in bankruptcy under 11 U.S.C. section 523(a)(4), the standard is some degree of fault, closer to fraud, without the necessity of meeting a strict specific intent requirement.

Appellate Information

• Decided 12/10/2002
• Published 12/10/2002

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, STAHL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David M. Nickless with whom Nickless and Phillips was on brief for appellant.


• For Appellees:
  
• Katherine A. Robertson with whom Robert A. Gelinas and Bulkley, Richardson and Gelinas, LLP were on brief for appellees.