Sir Antonio joined Credit Suisse in April 2021 following a series of scandals at the bank. Moreover, Bullock urges the court to adopt the higher mental state standard because it parallels the heightened "wrongful intent" requirement in securities law. As where an employer - the stronger party - has employed a builder - the weaker party - to do work for him. If you do take that on yourself, then it will all go smoothly: if you do not, we shall be bound to exercise pressure." For more details, please see our cookies policy. Although the case related to a personal injury action the Supreme Courts observations are relevant for all types of tort claims in which the English courts permission is required to serve outside England. 275 . This website uses cookies to improve your experience. Lloyds Bank Ltd v Bundy [1974] EWCA 8 is a landmark case in English contract law, on undue influence. The Court of Appeal held that: (i) the claimant was entitled to bring proceedings in England for damages for breach of contract; and (ii) the English court had no jurisdiction to hear tort claims for personal injury to the claimant and on behalf of her late husbands estate. Damage meant direct damage and did not include consequential damage. Claims for indirect loss suffered in England caused by foreign torts would not therefore fall within the English courts jurisdiction. Both parties appealed. Webordinary case of Lloyds Bank Ltd v. Bundy.4 This article is about Lloyds Bank, but in the process of considering that case I want to draw attention to certain aspects of Lord Before the English courts can allow service of a claim abroad (in circumstances where the English common law rules apply) the claimant must show that: (i) the case falls within at least one of the jurisdictional gateways in the Civil Procedure Rules (, The evidential standard for establishing that a claim falls within a jurisdictional gateway is that of a good arguable case (. 06-3152. 39, 88 (1968) ([A] protective search may always be made when the stopping is to investigate what appears to be a crime of violence. The Supreme Court granted Bullocks petition for a writ of certiorari to determine what level of conduct rises to defalcation, and whether it includes actions that did not result in loss of trust property. WebGoddard v. Carlisle (A), where a hus-band exercised undue influence over a third person in order to get a benefit conferred on his wife. This website uses cookies to improve your experience while you navigate through the website. For lobby He asserts that he should have the opportunity to prove that he did not willfully violate trust law. You can edit branch details by clicking here if you believe the information is incomplete, incorrect, out of date or misleading. The second category is that of the "unconscionable transaction." 1868 (Harlan, J., concurring). 17 (1956), p. 682 and, in Canada, Morrison v Coast Finance Ltd (1965) 55 D.L.R. Despite these borrowing limitations, Bullock borrowed from the trust on three separate occasions to help his mother repay a debt, to purchase a garage fabrication mill, and to purchase real estate, respectively. WebIn the case of Bullock v Lloyds Bank Ltd [1955] Ch 317 a 21-year-old girl inherited money and settled the money in the name of the father and brothers without any independent legal This case summary is part of the Allen & Overy Litigation and Dispute Resolution Review, a monthly publication. According to one study, approximately 30% of police shootings occurred when a police officer approached a suspect seated in an automobile. Adams v. Williams, 407 U.S. 143, 148 n. 3, 92 S.Ct. The Court will address the balance between rights of debtors, who seek a fresh start through bankruptcy, and the protection of creditors, whose claims as trust beneficiaries may survive bankruptcy. The fifth category is that of salvage agreements. But not at all for the benefit of the father, or indeed for the company. "1. Bullock fully repaid the loans, which totaled $264,026.96. But to all of them the general principle obtains which was stated by Lord Chelmsford L.C. Parliament has intervened to prevent moneylenders charging excessive interest. Certainly it would be unreasonable to require that police officers take unnecessary risks in the performance of their duties. Terry v. Ohio, supra, at 23, 88 S.Ct. On November 30, 2011, the California Supreme Court declined to review a state appeals court decision that upheld an excessive $13.8 million punitive damages Yet the bank did not realise it. One who is in extreme need may knowingly consent to a most improvident bargain, solely to relieve the straits in which he finds himself. Bullock was appointed trustee in 1978, and without the beneficiaries' knowledge, took three loans from the trust, which he ultimately paid back in full. On this Wikipedia the language links are at the top of the page across from the article title. The common law will not interfere. The Court of Appeal held that: (i) the claimant was entitled to bring proceedings in England for damages for breach of contract; and (ii) the English court had no jurisdiction to hear tort claims for personal injury to the claimant and on behalf of her late husbands estate. You are giving up your house, your sole remaining asset, for no benefit to you. Judges it should be read alongside some other cases such as williams v bayley. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 1.Bullock also contends that the order to get out of the car and subsequent frisk were unlawful because the justification for the stop terminated when Officer Jackson learned over the police radio that the car had not yet been reported as stolen-which Officer Jackson learned before Bullock was ordered out of the car and frisked. the stronger has taken advantage of their relationship of the weaker to gain an advantage for himself. And although the counsel for the bank urged in somewhat doom-laden terms that banking practice would be seriously affected was dismissed. The first are those where the stronger has been guilty of some fraud or wrongful act - expressly so as to gain some gift or advantage from the weaker. WebIn prosperity limited V Lloyds Bank Limited (1923). When I use the word "undue" I do not mean to suggest that the principle depends on proof of any wrongdoing. The police have already lawfully decided that the driver shall be briefly detained; the only question is whether he shall spend that period sitting in the driver's seat of his car or standing alongside it. It allowed the father to charge the house to his ruin. Before the English courts can allow service of a claim abroad (in circumstances where the English common law rules apply) the claimant must show that: (i) the case falls within at least one of the jurisdictional gateways in the Civil Procedure Rules (CPR PD 6B para 3.1); (ii) the claim has a reasonable prospect of success; and (iii) England and Wales is the proper place in which to bring the claim. The father and son had both banked at the branch for many years and relied on advice given. WebForeign exchange services. 882); see also Adams, 407 U.S. at 146, 92 S.Ct. at 415, 117 S.Ct. The Scheme offers protection for eligible deposits of up to 50,000. He and his son were long-time customers at Lloyds at 28, 88 S.Ct. It is left to Parliament. Because a trustee's highest duty is loyalty to the trust's beneficiaries, the Bank reasons that any act of self-dealing is a breach of loyalty, and thus, a defalcation. How the Court defines the elements of defalcation will determine how easily debtors in bankruptcy may discharge their debts. His son operated a business that did not do very well, and he asked his father to give him collateral for taking out loans from Lloyds. Lloyds Bank v Bundy, [1975] QB 326, [1974] 3 All ER 757 The bank knew that the father relied on it implicitly to advise him about the transaction. The District Court denied the motion-ruling that the police's stop, order to get out of the car, frisk, and limited follow-up search were justified under the Fourth Amendment. In those circumstances, the test in Charterbridge Corporation Ltd v Lloyds Bank Ltd [1970] Ch 62 can apply. The email address cannot be subscribed. WebLloyds Bank Ltd v Bundy IN THE SUPREME COURT OF JUDICATURE.COURT OF APPEALAppeal by defendant from judgment of His Honour Judge McLellan on 6th June, As the Bank indicates, a trustee who makes loans to benefit himself has departed in an extreme sense from the clear standard of care to which he is held. WebLloyds Bank plc v Rosset [1991] AC 107 . In such cases the stronger may make his claim in good faith honestly believing that he is entitled to make his demand. He borrows it from the bank at high interest and it is guaranteed by a friend. 330, 54 L.Ed.2d 331 (1977), and Terry v. Ohio, 392 U.S. 1, 88 S.Ct. The law relieves the party who, without independent advice, enters into a contract upon terms which are very unfair or transfers of property for a consideration that is grossly inadequate when his bargaining power is seriously impaired by the reason of his own desires. Bullock argues that the Eleventh Circuits interpretation of defalcation under an objective recklessness standard is inappropriate. 882, 137 L.Ed.2d 41 (1997). Later on, the son needed more collateral, and the only way that Bundy could provide it was by using the house as collateral. "Here, to comply with the terms of the said Guarantee, the solicitors' letter to the Bank dated 14 November 1989 specifically demanded payment of RM400,000 under the said Guarantee giving the reason that the agent had failed to perform its part of the covenants under the GSA agreement. Bullock refers to the concept of noscitur a sociis, which advises that a word acquires a more precise meaning based on the neighboring words with which it is associated. Accordingly, notes Bullock, because Section 523(a)(4) groups defalcation with words such as fraud, embezzlement, and larceny, which each requiring a finding of wrongful intent, every word in the statutory clause should also require this same mental state to deceive. Conditions for permission to serve proceedings outside the jurisdiction a reminder. The first category is that of "duress of goods." If the father had gone to his solicitor - or to any man of business - there is no doubt that any one of them would say: "You must not enter into this transaction. Continue reading "Undue influence claims: What remedies? Further, the Bank notes that Bullock also satisfies the less stringent test of objective recklessness because making a loan from trust property was willful and thus clearly reckless because of his significant obligations to trust beneficiaries. One of its main goals, Bullock explains, is to relieve honest people from the "weight of oppressive indebtedness." By ordering Bullock out of the car and frisking him for purposes of officer safety, Officer Jackson did not take any unreasonable steps in attempting to ensure that he would not become one of these statistics. Holmes, 385 F.3d at 791. Primis Bank Windmill is open Monday to Friday and closed on Saturdays and Sundays. 523(a)(4), which prohibits discharge of debts arising from fraud or defalcation while acting in a fiduciary capacity. The bankruptcy court granted the Banks motion for summary judgment, concluding that Bullocks self-dealing amounted to fraud and defalcation. Bullock contends that the breach of fiduciary duty for which the Illinois court entered a judgment against him does not amount to defalcation when a court applies the proper standard of extreme recklessness. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Sachs LJ held that a presumption of undue influence had not been rebutted, because Herbert was not independently advised. Lloyds' response was provided by TLT on 2 April 2019. Accordingly, Bullock asserts that "defalcation" requires "conscious misbehavior or extreme recklessness" by a fiduciary. WebLloyds Bank v Bundy, [1975] QB 326, [1974] 3 All ER 757 Appellant Herbert Bundy Respondent Lloyds Bank Year 1975 Court Court of Appeal of England and Wales Judges 1868; Sibron v. New York, 392 U.S. 40, 65, 88 S.Ct. WebIf you are a Lloyds Bank personal banking customer and are located outside of the UK, get in touch using the numbers below. WebCharterbridge Ltd v Lloyds Bank Ltd [1970] Ch 62 at 74. We also use third-party cookies that help us analyze and understand how you use this website. Such frisks are warranted because some crimes by their very nature are so suggestive of the presence and use of weapons that a frisk is always reasonable when officers have reasonable suspicion that an individual might be involved in such a crime. United States v. Barnett, 505 F.3d 637, 640 (7th Cir.2007) (suspicion of burglary); see also United States v. Garcia, 459 F.3d 1059, 1064 (10th Cir.2006) (suspicion of drug crimes; an individual's involvement with drug transactions or distribution can support reasonable suspicion to frisk that individual for weapons); United States v. Bustos-Torres, 396 F.3d 935, 943 (8th Cir.2005) (suspicion of drug crimes; [b]ecause weapons and violence are frequently associated with drug transactions, it is reasonable for an officer to believe a person may be armed and dangerous when the person is suspected of being involved in a drug transaction); United States v. Jacob, 377 F.3d 573, 579 (6th Cir.2004) (suspicion of drug crimes; officers who stop a person who is reasonably suspected of carrying drugs are entitled to rely on their experience and training in concluding that weapons are frequently used in drug transactions, and to take reasonable measures to protect themselves) (internal quotation marks omitted); United States v. $109,179 in U.S. Currency, 228 F.3d 1080, 1086 (9th Cir.2000) (suspicion of drug crimes; it was not unreasonable to believe that the suspect might be armed); United States v. Edwards, 53 F.3d 616, 618 (3d Cir.1995) (suspicion of fraud at bank; frisk reasonable where fraud occurred at a bank in broad daylight and thus the perpetrators might have armed themselves to facilitate their escape if confronted); United States v. Moore, 817 F.2d 1105, 1108 (4th Cir.1987) (suspicion of burglary; reasonable for officer responding to burglar alarm to stop and frisk burglary suspect); Trice v. United States, 849 A.2d 1002, 1005-06 (D.C.2004) (frisk in stabbing case; where officer has a reasonable articulable suspicion of a crime of violence, or that the person lawfully stopped may be armed and dangerous, then a limited frisk for weapons is likewise permissible and may be immediate and automatic) (quoting Terry, 392 U.S. at 33, 88 S.Ct. By virtue of it, the English law gives relief to one who, without independent advice, enters into a contract upon terms which are very unfair or transfers property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or desires, or by his own ignorance or infirmity, coupled with undue influences or pressures brought to bear on him by or for the benefit of the other. WebBullock v Lloyds Bank Ltd [1955] 1 Ch 317 Law Journals Article of the month Indices Account / Login Case: Bullock v Lloyds Bank Ltd [1955] 1 Ch 317 Undue influence claims: Bullock argues that the Supreme Court should define "defalcation" in accordance with the Bankruptcy Code's "fresh start" policy. Further, Bullock contends that his return of trust property negates any mental state that would be required to find him guilty of a crime that requires willful misconduct. Metropolitan Police Department Officer Jackson stopped Bullock for the traffic violation. 723 , 723-724; Parker v Bristol and Exeter Railway Co (1851) 6 Exch. in Cartwright v Rowley (1799) 2 Esp. Bullock concedes that Illinois state law may presume when he engages in self-dealing that he is liable for breach of fiduciary duty, but he argues that this objective test does not carry over to federal bankruptcy law because evidence of self-dealing is not enough for a court to presume that he has engaged in defalcation. WebYou can also contact the bank by calling the branch phone number at 804-730-3222. 3469, 77 L.Ed.2d 1201 (1983). Contrary to the suggestion in the dissent of our Brother Stevens, post, at 122, 98 S.Ct. The Bank notes, however, that Bullock has failed to account for trust funds because he has failed to report to the trust beneficiaries regarding the financial performance of the trust. In this case, once Bullock could not produce the registration information and could not identify the owner of the car, Officer Jackson possessed reasonable suspicion that Bullock had stolen the car. Even though there be no evidence of fraud or misrepresentation, nevertheless the transaction will be set aside: see Fry v Lane (1888) 40 Ch.D. Moreover, Brunstad contends that the fresh start policy is important to the whole nation because it helps avoid the problem of a having a perpetual class of indebted individuals. Country Beep Beep. the stronger party is guilty of fraud to gain the advantage of the weaker; or. (3) The relationship between the father and the son was one where the father's natural affection had much influence on him. On the contrary, it required the overdraft to be reduced. In this Court, Bullock argues that the police violated the Fourth Amendment's proscription against unreasonable searches and seizures when they (i) ordered him out of the car and (ii) frisked him. I put on one side contracts or transactions which are voidable for fraud or misrepresentation or mistake. The Supreme Court did not need to consider the tort claims jurisdictional gateway as it found that the Canadian holding company was not the correct defendant to the claimants claims. The owner is in a weak position because he is in urgent need of the goods. WebLloyds Bank Ltd v Bundy [1975] QB 326 Undue influence; guarantee; bank owing duty of care Facts Mr Bundy was elderly farmer. The case is also a useful reminder of ensuring proceedings are brought against the correct defendant, which can be easier said than done in the context of claims against companies within complex multinational group structures. The Court of Admiralty have always recognised that fact. In the recent case of Bullock v. Lloyds Bank In sum, Officer Jackson's frisk of Bullock was reasonable under the Fourth Amendment. We use cookies on our site to remember you, show you content we think you will like and help you to use the site. The inequality of bargaining power - the strength of the one versus the urgent need of the other - renders the transaction voidable and the money paid to be recovered back: see Maskell v Horner [1915] 3 KB 106. In what fiduciary capacity are Lloyds Bank PLC assessing, processing and sharing our data?3. Our foreign exchange services allow you to move money between different currencies. You should be aware of the potential risks of foreign exchange rates changing. Whether youre a cash-heavy business or a busy person on the go, Gathering all together, I would suggest that through all these instances there runs a single thread. Bullock moved to suppress the drug evidence. In short, after Bullock could not produce the registration and could not name the owner of the car, Officer Jackson possessed reasonable suspicion that Bullock had stolen the car; under Terry, Officer Jackson therefore had justification to frisk Bullock to ensure officer safety. Opinion for the Court filed by Circuit Judge KAVANAUGH. He trusted his son. Lloyds foreclosed on the house when the money was not paid and Mr. Bundy had a heart attack in the witness box. The company is in such a parlous state that you must not do it.". Unconscionable transaction a man is in need of special care and protection, yet a stronger party exploits his weakness and his property is taken for grossly under value. Bullock reasons that a trustee who demonstrates an extreme departure from the standards of ordinary care has engaged in defalcation, whereas a trustee who consciously takes a risk with the assets of the trust has not. Accordingly, Bullock claims, his actions did not amount to defalcation, and his debt should be discharged. Statistics show that traffic stops continue to be extraordinarily dangerous to the police officers who risk their lives to protect the public. Bullock argues that the Bankruptcy Code is based on a "fresh start" policy. In the case at bar, the consideration from the bank was grossly inadequate they benefitted greatly, but they gave Bundy nothing in return as his son's business was failing anyway. UNITED STATES of America, Appellee v. Glenn F. BULLOCK, Jr., Appellant. Next take the case of a borrower in urgent need of money. Moreover, the United States asserts that the Court has recognized the importance of deterring trustees from "dividing [their] loyalties" and strictly enforcing rules designed to prevent breaches of loyalty. But beyond doubt he was acting in the interests of the bank - to get further security for a bad debt. there was an absence of independent advice. What is the definition of defalcation under 523(a)(4) of the Bankruptcy Code? Lord Sumption considered that damage meant direct damage, relating to the nature of the duty broken in a personal injury action and the character of the damage recoverable. Bullock's brothers claimed that he breached his fiduciary duty as trustee of their father's trust by engaging in unlawful self-dealing. But, in case that principle is wrong, I would also say that the case falls within the category of undue influence of the second class stated by Cotton L.J. Lord Denning MR held that the contract was voidable owing to the unequal bargaining position in which Mr Bundy had found himself vis a vis the bank. In Terry itself, therefore, the Court upheld the frisk because the suspects' actions were consistent with [Officer] McFadden's hypothesis that these men were contemplating a daylight robbery-which, it is reasonable to assume, would be likely to involve the use of weapons. Id. Bullock explains that the other offenses in 523(a)(4)fraud, embezzlement, and larcenyall require wrongful intent. The trust's sole asset was a life insurance policy on the life of his father, Curt Bullock. Respondent Bullock then appealed to the Eleventh Circuit Court of Appeals. The vessel in distress is in urgent need. Applying Terry, courts routinely hold that protective frisks to ensure officer safety are permissible when an officer has reasonable suspicion that the suspect committed a crime involving or associated with carrying or using a weapon. The fourth category is that of "undue pressure." The father trusted the bank. Applying it to the present case, I would notice these points: (1) The consideration moving from the bank was grossly inadequate. He would naturally desire to accede to his son's request. WebLloyds Bank v Bullock [1896] 2 Ch 192. For other crimes it would apparently take noticeable bulges in the suspect's clothing, movements by the suspect toward his pockets, or similar observations to give rise to a substantial possibility that the suspect was armed.) (internal quotation marks and footnotes omitted). Take the case of a poor man who is homeless. The second are those where the stronger has not been guilty of any wrongful act, but has, through the relationship which existed between him and the weaker, gained some gift or advantage for himself. Under Mimms, the police therefore could order him out of the car. In 2009, when Bullock filed for bankruptcy under Chapter 7 and sought to discharge the debt owed to the trust from the 2001 decision, BankChampaign, as successor trustee, filed an adversary proceeding to prevent Bullocks discharge of this debt, pursuant to Section 523(a)(4) of the Bankruptcy Code. 218-219: "A contract to give security for the debt of another, which is a contract without consideration, is above all things, a contract that should be based upon the free and voluntary agency of the individual who enters into it.". Herbert James Bundy owned a house, which was the extent of his estate. Nor did it suggest that the father should get independent advice. You can change your mind at any time by visiting our cookie policypage. 333 ) and D&C Builders Ltd v Rees [1966] 2 QB 617 , 625. I go only to those where there has been inequality of bargaining power, such as to merit the intervention of the court. A father secured the debts of his son's business on his farm which had been in the family for generations. First, we consider the propriety of Officer Jackson's order that Bullock get out of the car. Indeed, it appears that a significant percentage of murders of police officers occurs when the officers are making traffic stops. Id., at 234 n. 5, 94 S.Ct. See id. The overdraft was at its limit of 10,000. Bullock was driving a car in Washington, D.C., and made an illegal turn. WebOur Drivers Come to You. 915 and Green v Duckett (1883) 11 Q.B.D. But it applies to all cases where a man comes into property, or is expected to come into it - and then being in urgent need - another gives him ready cash for it, greatly below its true worth, and so gets the property transferred to him: see Evans v Llewellin (1787) 1 Cox 333 . He held that undue influence was a category of a wider class where the balance of power between the parties was such as to merit the interference of the court. The case also suggests at least some judicial appetite for reform of the contract gateway in the Civil Procedure Rules which permits service abroad of claims arising from contracts made in England. When finding that there had not been any contract between the claimant and the defendant, Lord Sumption noted obiter that the legal test for where or when a contract is made is somewhat artificial in nature. The test is particularly arbitrary when the mode of communication used is instantaneous as it depends on assumptions about the point at which an offer is accepted or deemed to be accepted and gives rise to serious practical difficulties. Lord Sumption considered that the issue could profitably be re-examined by the Civil Procedure Rules Committee. You can also contact the bank by calling the branch phone number at 804-559-9000. Bullock claims that this interpretation is most consistent with bankruptcy law's goal of providing a fresh start. Court of Appeals for the Eleventh Circuit, Discharging Fiduciary Debts in Bankruptcy, Debtor Asks Supreme Court to Heighten Defalcation Standard in Discharge Cases, United States Court of Appeals for the Eleventh Circuit. Sometimes the relationship is such as to raise a presumption of undue influence, such as parent over child, solicitor over client, doctor over patient, spiritual adviser over follower. Thereupon the father charged his property to the bank with payment of the note. Second, we consider the propriety of Officer Jackson's frisk of Bullock. Professor Brunstad also urges a narrow interpretation, arguing that Congress intended defalcation to mean acts of "serious malfeasance." 1921. In response, the Bank argues that defalcation requires either a misappropriation of trust funds or a failure to account for trust funds, but it does not require both elements. That was for the benefit of the bank. The most apposite of that is Williams v Bayley (1866) L.R. Despite differences between the English and the European jurisdictional regimes, the approach adopted by the European Court of Justice (see eg. 200 , where a son forged his father's name to a promissory note and, by means of it, raised money from the bank of which they were both customers. We offer banking on wheels with V1BE, a one-of-a-kind banking delivery app. Every year in traffic stops and pursuits in the United States, about 6,000 police officers are assaulted-and about 10 officers are killed. The asset was the farmhouse at Yew Tree Farm, North Ocean Shipping Co Ltd v Hyundai Construction Co Ltd, Universe Tankships Inc of Monrovia v International Transport Workers' Federation, Alec Lobb Garages Ltd v Total Oil (GB) Ltd, https://en.wikipedia.org/w/index.php?title=Lloyds_Bank_Limited_v_Bundy&oldid=1121477347, Court of Appeal (England and Wales) cases, Creative Commons Attribution-ShareAlike License 3.0, Slayton, The Unequal Bargain Doctrine (1976) 22, Waddams, Unconscionability in Contracts (1976) 39, This page was last edited on 12 November 2022, at 13:57. The stronger demands of the weaker more than is justly due: and he pays it in order to get the goods. WebTHE PLAINTIFFS IN THE MAIN ACTION HAVE CLAIMED IN PARTICULAR THAT LLOYDS HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER THE EQUAL PAY ACT 1970 BY NOT PAYING FEMALE STAFF UNDER 25 YEARS OF AGE THE SAME GROSS SALARY AS THAT OF MALE STAFF OF THE SAME AGE ENGAGED IN THE SAME WORK . BankChampaign, in contrast, argues that because a trustee owes a duty of loyalty to trust beneficiaries, any instance of self-dealing amounts to defalcation, regardless of both the trustees mental state and whether there has been a net loss in the trusts assets. 1921, 32 L.Ed.2d 612 (1972). The husband asked the claimant Moreover, the Bank criticizes Bullocks argument in favor of reading Section 523(a)(4) to support bankruptcy laws fresh start above other policies. 1868 (Harlan, J., concurring) (Where such a stop is reasonable, however, the right to frisk must be immediate and automatic if the reason for the stop is, as here, an articulable suspicion of a crime of violence There is no reason why an officer, rightfully but forcibly confronting a person suspected of a serious crime, should have to ask one question and take the risk that the answer might be a bullet.); Adams v. Williams, 407 U.S. 143, 146, 92 S.Ct.
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