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Bullock v. BankChampaign - Post-Decision SCOTUScast

SCOTUScast 5-20-13 featuring Zvi Rosen
Zvi Rosen May 20, 2013

Zvi RosenOn May 13, 2013,  the Supreme Court announced its decision in Bullock v. BankChampaign, NA, a bankruptcy case.  Bankruptcy law provides debtors a means of discharging their otherwise unmanageable debts, but there are exceptions.  This case involved an exception for debts incurred through a type of misconduct known as “defalcation.”  The question here concerned the degree of trustee misconduct required to trigger the defalcation exception, and whether such conduct can include actions that did not actually result in a loss of trust property.

In an opinion delivered by Justice Breyer, the Court held unanimously that the “defalcation” exception requires that the individual have knowledge of, or act with gross recklessness with respect to, the improper nature of the fiduciary behavior in question.  The Court vacated the decision of the lower federal court and remanded the case for further proceedings.  

To discuss the case, we have Zvi Rosen, who is an Adjunct Professor at New York Law School.

[Listen now!]

Bullock v. BankChampaign - Post-Argument SCOTUScast

SCOTUScast 3-27-13 featuring Zvi Rosen
Zvi Rosen March 27, 2013

Zvi RosenOn March 18, 2013,  the Supreme Court heard oral argument in Bullock v. BankChampaign, NA., a bankruptcy case.  Bankruptcy law provides debtors a means of discharging their otherwise unmanageable debts, but there are exceptions.  This case involves an exception for debts incurred through a type of misconduct known as “defalcation.”  The question here concerns the degree of trustee misconduct required to trigger the defalcation exception, and whether such conduct can include actions that did not actually result in a loss of trust property.

To discuss the case, we have Zvi Rosen, who is an Adjunct Professor at New York Law School.

[Listen now!]

Bar Watch Bulletin August 12, 2008

Final Day of ABA Annual Meeting
August 13, 2008

The American Bar Association's Annual Meeting will be taking place from August 7-12 in New York City. As always, ABA Watch will be reporting live, providing you with highlights of the day's events.  To read more about resolutions that will be considered by the House of Delegates at this year's meeting or to learn about recent ABA activity, check out our latest edition of ABA Watch.

What follows are some highlights from the final day of sessions at the annual meeting.

SCOTUScast 3-3-09 featuring Tom Gede

Carcieri v. Kempthorne
Thomas F. Gede

On Monday, November 3, the Supreme Court heard oral argument in Carcieri v. Kempthorne. The Supreme Court here considers the Narragansett Tribe of Rhode Island’s rights under the Indian Reorganization Act of 1934 and the Rhode Island Indian Claims Settlement Act. The case arises from a dispute over a 31-acre parcel of land purchased by the Narragansett Tribe in 1991. The tribe began construction on the land without obtaining the relevant permits, and the Town of Charleston obtained an injunction to stop the tribe from building without them. In 1998, the Secretary of the Interior took the land into trust under the Indian Reorganization Act of 1934, a decision which the state appealed unsuccessfully to the Interior Board of Indian Appeals and then challenged in United States District Court. The District Court affirmed the Secretary’s decision, as did the First Circuit on appeal. The Supreme Court now considers whether the 1934 Act applies to tribes that were not federally recognized in 1934 and whether the Rhode Island Indian Claims Settlement Act restricts the tribe’s ability to claim sovereignty over acquired land that was not part of the settlement. Bingham Consulting Group principal Tom Gede discusses the case.