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Cincinnati Ins. Co. v. Chidester (In re Chidester) (Case No. 11-51591; A.P. No. 12-05008) 1/28/2015

On renewed motion for summary judgment to declare a debt nondischargeable as defalcation under Bankruptcy Code section 523(a)(4), the Court ruled in favor of the movant.  The Court, relying on the Supreme Court's opinion in Bullock v. BankChampaign, N.A, 133 S. Ct. 1754 (2013), found that the debtor's failure to make any effort to file a final accounting of his stepfather's estate, for whom he was appointed conservator, constituted at least recklessness with regard to his fiduciary duties.

Date: 
Wednesday, January 28, 2015
Category: 
Defalcation
Dischargeability
Chapter: 
7