United States Fourth Circuit

In Chapter 7 bankruptcy proceedings, a decision finding a particular debt dischargeable is reversed where: 1) the debt arose by reason of debtor's "defalcation," or nonfraudulent default, while he was acting in a fiduciary capacity; and 2) consequently, 11 U.S.C. section 523(a)(4) renders the debt non-dischargeable.

Appellate Information

• Decided 03/11/2008
• Published 05/01/2008

Judges

• Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Ryan Ashby Shores, Hunton & Williams, Washington, D.C., for Appellant.  Carolyn Louise Camardo, Marcus, Santoro & Kozak, P.C., Chesapeake, Virginia, for Appellee.   ON BRIEF:  R. Hewitt Pate, Hunton & Williams, Washington, D.C., for Appellant.