I feel like I've had a good run of lucky answers and it's going to come to
an end. This may be it! What about 523(a)(4) fraud/defalcation while acting
in a fiduciary capacity. In California under Fam. Code 721(b), H/W are
fiduciaries. I don't know about Illinois which is probably the law that
will be applied to determine whether a fiduciary duty exists within the
meaning of (a)(4). The (a)(4) standard is very narrow but marriage is very
special so...
Sincerely,
*Michael Avanesian, Esq. *AVANESIAN LAW FIRM
101 N. Brand Blvd., PH 1920
Glendale, California 91203
Tel: 818.276.2477 Fax: 818.208.4550
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On Tue, Mar 17, 2015 at 10:30 AM,
sam@southbaybk.com [cdcbaa] wrote:
>
>
> PC is indebted to ex under a an Illinois divorce judgment, in part, for
> dissipation of marital assets. I have not yet read the exact language of
> the judgment. My reading of the code is that this is a type of debt that
> falls under 523(a)(15) and would therefore be dischargeable only in a
> chapter 13. I am wondering if anyone has experience in discharging such a
> debt - or if anyone thinks that such a judgment could give rise to a
> non-dischargeability action on other grounds.
>
>
>
I feel like I've had a good run of lucky answers and it's going to come to an end. This may be it! What about 523(a)(4) fraud/defalcation while acting in a fiduciary capacity. In California under Fam. Code 721(b), H/W are fiduciaries. I don't know about Illinois which is probably the law that will be applied to determine whether a fiduciary duty exists within the meaning of (a)(4). The (a)(4) standard is very narrow but marriage is very special so...
The post was migrated from Yahoo.