Dissolution Judgment includes "breach of fiduciary duty" - is this
Posted: Tue Dec 06, 2011 3:22 pm
Has anyone dealt with this issue: Debtor has a judgment against him in
family court where he is ordered to pay "equalization payments" of $350K to
the ex-spouse. In the paragraph above, the Order says that the court finds
that the debtor breached his fiduciary duty to the ex-spouse to the extent
of $260,000. 523(a)(4) says that breach of fiduciary duty is excepted from
discharge, and 1328(a)(2) includes (a)(4) as an exception to discharge in a
chapter 13. Question: is "breach of fiduciary duty" as referred to in
California family law the same thing that the Code contemplates as a
"breach of fiduciary duty" in these Code sections? I am happy to do the
case research, but if anyone who has previously dealt with this issue can
point me in the right direction to start me off, I would appreciate it.
Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
Has anyone dealt with this issue: Debtor has a judgment against him in family court where he is ordered to pay "equalization payments" of $350K to the ex-spouse. In the paragraph above, the Order says that the court finds that the debtor breached his fiduciary duty to the ex-spouse to the extent of $260,000. 523(a)(4) says that breach of fiduciary duty is excepted from discharge, and 1328(a)(2) includes (a)(4) as an exception to discharge in a chapter 13. Question: is "breach of fiduciary duty" as referred to in California family law the same thing that the Code contemplates as a "breach of fiduciary duty" in these Code sections? I am happy to do the case research, but if anyone who has previously dealt with this issue can point me in the right direction to start me off, I would appreciate it.
-- Holly Roark
holly@roarklawoffices.com
www.roarklawoffices.com
Central District of California
Consumer Bankruptcy Attorney
1875 Century Park East, Suite 600
Los Angeles, CA 90067
T (310) 553-2600
F (310) 553-2601
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