Professor Kenneth N. Klee on the Supreme Court's Holding in Bullock v. BankChampaign, N.A., 569 U.S. __, 2013 U.S. LEXIS 3521 (May 13, 2013) (PDF)
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Professor Kenneth Klee analyzes the May 13, 2013 Supreme Court ruling in Bullock v. BankChampaign, N.A. (In re Bullock) which settled a longstanding circuit split concerning the meaning of the word "defalcation" in the Bankruptcy Code exception to discharge in § 523(a)(4) by holding that "defalcation" requires a mental state of "gross recklessness."
Kenneth N. Klee is a nationally recognized expert on bankruptcy law. He is a tenured professor at the UCLA School of Law and a founding partner of Klee, Tuchin, Bogdanoff & Stern LLP, specializing in corporate reorganization, insolvency, and bankruptcy law. From 1974 to 1977, Professor Klee served as associate counsel to the Committee on the Judiciary, U.S. House of Representatives, where he was one of the principal drafters of the 1978 Bankruptcy Code. He served as a consultant on bankruptcy legislation to the U.S. Department of Justice in 1983–1984. From 1992 to 2000, he served as a member of the Advisory Committee on Bankruptcy Rules to the Judicial Conference of the United States. From 2000-2003, and previously from 1988 to 1990, Professor Klee served as a lawyer delegate to the Ninth Circuit Judicial Conference. From 2005 to 2008 he served as member of the executive committee of the National Bankruptcy Conference, a capacity in which he previously served from 1985 to 1988, and 1992 to 1999. He also served as chair of the NBC's legislation committee from 1992 to 1999. Professor Klee is a past president and member of the board of governors of the Financial Lawyers Conference. From 2003 to 2008 he was named by the Daily Journal as one of California's Top 100 Lawyers. In the February 2004, 2005, 2006, 2007, and 2008 editions of Los Angeles Magazine, he was named one of the Top 10 Super Lawyers for Los Angeles County. Law Dragon has included him among the top 500 lawyers in the United States in 2005, 2007, and 2008. In March 2005, he was named by the Century City Bar as Bankruptcy Lawyer of the Year. In November 2006, the Central District of California Consumer Bankruptcy Attorneys Association bestowed on him the Calvin Ashland Award as consumer bankruptcy attorney of the year. In October, 2007 he received the Excellence in Education Award from the Endowment for Education of the National Conference of Bankruptcy Judges. Professor Klee has co-authored Business Reorganization in Bankruptcy (with Scarberry, 1995, 2d ed. 2001, 3d ed. 2006) and Fundamentals of Bankruptcy Law (4th ed., with Treister, 1996), and has authored or co-authored numerous articles on bankruptcy law. Professor Klee's Bankruptcy and the Supreme Court was published in 2008 by LexisNexis.
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