- 11 U.S.C.
Pearson v. Howard (In re Howard)
Mar
22
2006
Ruling
Attorney debtor's judgment debt was deemed nondischargeable since attorney debtor's conduct constituted a fidudiary defalcation.
Procedural posture
Plaintiff creditor brought an adversary proceeding against defendant bankruptcy debtor, an attorney, seeking a declaration that the attorney's judgment debt to the creditor for legal malpractice was not dischargeable under 11 U.S.C. § 523 based on fraud, false representation, fiduciary defalcation, and willful and malicious conduct. The bankruptcy court conducted a trial.
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Court
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