Guerra v. Fernandez-Rocha (In re Fernandez-Rocha)

Pre 2005-Act: 
Pre 2005-Act
Court affirmed dismissal of complaint of defalcation while acting in a fiduciary capacity since under state law no fiduciary duty was owed.
Procedural posture: 
Appellants, parents, challenged the District Court for the Southern District of Florida's order affirming the bankruptcy court's dismissal of their adversary complaint against appellee debtor based on his failure to comply with Florida's Financial Responsibility Act, Fla. Stat. § 458.320. On appeal, the parents challenged the bankruptcy court and district court's determination that the debt in issue was dischargeable in bankruptcy.
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