Attorney Fees, Binding Arb Award, San Bernardino Bar Assoc.
Posted: Fri May 16, 2014 1:29 pm
Hi Michael: Thanks for your comments. The Arbitration Award shows that fraud was suspected but not determined - so that would be one cause of action and the second the arbitrator found that the Attorney was not credible in his denial of possession of the funds - so there is the breach of fiduciary duty. I also researched the bankruptcy case itself for deadlines only to find the case was dismissed on 5/13/14 ) so the saga will continue outside of bankruptcy. )
Law Office of Catherine Christiansen
17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
Tel: (714) 375-6651 Fax: (562) 490-8572
attorneychristiansen@gmail.com
On Friday, May 16, 2014 8:26 AM, "Michael Avanesian michael@avanesianlaw.com [cdcbaa]" wrote:
I don't think there is any special treatment for arbitration awards in the code with respect to nondischargeability but I am not a Ch 13 practitioner. The answer lies in why the money is not in the trust account. I would treat this like any other person who is trusted with money but uses it for his own purposes.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, May 15, 2014 at 4:53 PM, Catherine Christiansen christiansenlaw@yahoo.com [cdcbaa] wrote:
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>R atty fees nondischargeable?
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>SB Bar renders binding arb award for attorney to return fees to client.it a priority claim in the 13?
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>Law Office of Catherine Christiansen
>17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>Tel: (714) 375-6651 Fax: (562) 490-8572
>attorneychristiansen@gmail.com
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