United States Seventh Circuit

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In re Berman, 10-1882

District court's affirmance of a bankruptcy court's judgment that a creditor failed to prove that a debt owed to it was non-dischargeable under 11 U.S.C. section 523(a)(4), which provides that a debt will not be discharged in bankruptcy where that debtor has committed "fraud or defalcation while acting in a fiduciary capacity, embezzlement, or larceny," is affirmed as, the creditor has not established that the debtor acted in any fiduciary capacity toward the creditor, under any theory, within the meaning of section 523(a)(4).

Appellate Information

  • Argued 10/22/2010
  • Decided 01/21/2011
  • Published 01/21/2011

Judges

  • <a href="http://pview.findlaw.com/view/1849456_1">HAMILTON</a>

Court

  • United States Seventh Circuit

Counsel