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Defalcation

Did you mean: Defalcation, defalcate

 
Dictionary: De·fal·ca·tion
 

n.

[LL. defalcatio: cf. F. défalcation.]

1. A lopping off; a diminution; abatement; deficit. Specifically: Reduction of a claim by deducting a counterclaim; set- off. Abbott.

2. That which is lopped off, diminished, or abated.

3. An abstraction of money, etc., by an officer or agent having it in trust; an embezzlement.


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Business Dictionary: Defalcation
 

Failure of one entrusted with money to pay over the money when it is due to another. The term is similar to misappropriation and Embezzlement, but wider in scope because it does not imply criminal Fraud.

 
Law Encyclopedia: Defalcation
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This entry contains information applicable to United States law only.

The misappropriation or embezzlement of money.

Defalcation implies that funds have in some way been mishandled, particularly where an officer or agent has breached his or her fiduciary duty. It is commonly applied to public officers who fail to account for money received by them in their official capacity, or to officers of corporations who misappropriate company funds for their own private use.

Colloquially, the term is used to mean any type of bad faith, deceit, misconduct, or dishonesty.

 
Word Tutor: defalcation
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pronunciation

IN BRIEF: A failure to meet an expectation. Also: the act of embezzling.

pronunciation The employee's defalcation resulted in her dismissal from the job.

 
Wikipedia: Defalcation
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Defalcation is a term used by the United States Bankruptcy Code to describe a category of bad acts that taint a particular debt such that it cannot be discharged in bankruptcy. The division is different from both criminal and civil rules describing permitted and unpermitted acts. So, parking fines garnered through illegal parking are generally dischargeable, but fines levied as part of a criminal conviction for drug trafficking generally are not. Similarly, debts of a civil (noncriminal) nature acquired through entirely legal means may not be dischargeable, if discharge would allow a debtor to easily calculate declaration of bankruptcy into a profitable financial plan, e.g., by accumulating large cash advances before filing. Also, the term is used in legal proceedings outside of bankruptcy to refer more generally to embezzlement; it is often used in the context of the title insurance business. A title agent who misuses funds intended to be used to close insured transactions is said to be involved in a defalcation. Many title insurers have their own "defalcation units."


 
 

Did you mean: Defalcation, defalcate

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Copyrights:

Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy  Read more
Business Dictionary. Dictionary of Business Terms. Copyright © 2000 by Barron's Educational Series, Inc. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
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Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Defalcation" Read more