IN RE BERMAN

No. 10-1882.

629 F.3d 761 (2011)

In re Jay BERMAN, Debtor. Follett Higher Education Group, Inc., an Illinois corporation, Plaintiff-Appellant, v. Jay Berman, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 21, 2011.


Attorney(s) appearing for the Case

Leonard S. Becker , Attorney (argued), Chicago, IL, for Defendant-Appellee.

Adam B. Goodman , Attorney (argued), Goodman Law Offices LLC, Chicago, IL, for Plaintiff-Appellant.

Before KANNE, TINDER, and HAMILTON, Circuit Judges.


HAMILTON, Circuit Judge.

The bankruptcy court held that a creditor failed to prove that a debt owed to it was non-dischargeable under 11 U.S.C. § 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." Concluding that the creditor had not established that the debtor acted in any fiduciary capacity toward the creditor, the court...

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