In the only bankruptcy case pending before it this term,
a unanimous Supreme Court has ruled that the archaic term
"defalcation" used in 11 U.S.C. Sec. 523(a)(4) requires
knowledge of, or gross recklessness in respect to, the
improper nature of the relevant fiduciary behavior
complained of. Bullock v. BankChampaign, No.
11-1518 (5/13/13), Slip Op., p.1, which can be found here. While
the case represents a setback for the creditor in the specific case, the
judicial hairsplitting engaged in by the Court ensures that trial courts will
continue