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Re post debtor disgorgement issue
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The lawyer is a fiduciary and conduct arising out of an intentional breach as well as possible criminal conduct is likely to rise to the standard. Take a look at the Bullock case on remand and the new BAP case in which Judge Jury wrote the opinion upholding a 523(a)(4) claim against a lawyer.
-----OrigDCBAA@YAHOOGROUPS.COM>Sent: Feb 3, 2016 6:57 AM To: cdcbaa@yahoogroups.com Subject: [cdcbaa] Re post debtor disgorgement issue
I attempted to post this on Monday, but it never showed up in my cdcbaa inbox.
Client is an attorney with a large state court disgorgement order from a PI case. Taxes were paid and the money mostly spent. Appeal doesnt look good. Sole Proprietor practice. Probability a chapter 11 liquidation case. All my disgorgement research takes me to 523(a)(19)(B)(iii); which does not apply.
Being my own devils advocate Ive looked for challenges to discharge using 523(a)(2) or (4) or (6), Im not finding anything. Has anyone seen a case discharging a State Court disgorgement order?
Please note that I am using a new email.
Webblaw@Gmail.com
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
Check out my Blog
Webblaw@gmail.com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
The post was migrated from Yahoo.
I attempted to post this on Monday, but it never showed up in my cdcbaa
inbox.
Client is an attorney with a large state court disgorgement order from a PI
case. Taxes were paid and the money mostly spent. Appeal doesn't look
good. Sole Proprietor practice. Probability a chapter 11 liquidation
case. All my disgorgement research takes me to 523(a)(19)(B)(iii); which
does not apply.
Being my own devil's advocate I've looked for challenges to discharge using
523(a)(2) or (4) or (6), I'm not finding anything. Has anyone seen a case
discharging a State Court disgorgement order?
Please note that I am using a new email.
Webblaw@Gmail.com
Best regards
Larry Webb
California Board of Legal Specialization
Certified Specialist in Bankruptcy Law
Check out my Blog
Webblaw@gmail.com
Law Offices of Larry Webb
484 Mobil Ste 43
Camarillo Ca 93010
P 805.987.1400
F 805.987.2866
C 805.750.2150
Law Office Larry Webb Bankruptcy Attorney
The following notice is required by the United States Supreme Court's
interpretation of 11 U.S.C. 101(12A): The Law Offices of Larry Webb is a
Bankruptcy Attorney Debt Relief Agency as defined by 11 U.S.C. 101(12A) of
the Bankruptcy Code. We help people file for relief under the Bankruptcy
code. Bankruptcy is a Federal Court Proceeding that supersedes State Court
Civil Litigation
The post was migrated from Yahoo.