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Consumer Bankruptcy Fiduciary Duty

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Ward and Smith, P.A.

Will My Judgment Get Discharged in Bankruptcy?

Ward and Smith, P.A. on

Bankruptcy is meant to provide a fresh start for the honest but unfortunate debtor. A debtor who files Chapter 7 does so with the presumption that all his or her debts will be forgiven or "discharged." But what about the...more

Robins Kaplan LLP

Bankruptcy Courts Can Handle Pretrial Matters: Another Court Weighs in on Early Motions to Withdraw the Reference

Robins Kaplan LLP on

Not all decisions need to be complicated. A recent decision from the Eastern District of Michigan is instructive as to one principal consideration taken into account in facing a motion to withdraw the reference at an early...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19384 - State v. Carter - SC19282 - State v. Peeler - Appellate Court Advance Release Opinions: AC37262 - Dumbauld v. Dumbauld - AC37262 Concurrence -...more

Winstead PC

Breach of Fiduciary Duty Judgment May Be Dischargeable In Bankruptcy

Winstead PC on

It is not uncommon for a successful plaintiff in a breach of fiduciary duty case to have their collection efforts thwarted by a defendant filing for bankruptcy. The issue is whether the state court judgment is dischargeable...more

Winstead PC

Court Affirmed Judgment On Breach Of Fiduciary Duty Claim Because Plaintiff Swore In Bankruptcy Filings That He Did Not Have Any...

Winstead PC on

In Archer v. Allison, a plaintiff sued his daughter and her husband for breaching fiduciary duties and other related causes of action related to their work in certain businesses. No. 07-14-003130CV, 2015 Tex. App. LEXIS 12361...more

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