How if at all has the new law altered dischargeability of debts of a
bankrupt who petitioned for Ch. 7 relief after Oct. 18, 2005 that may
have been incurred by fraud or, at least, in breach of fiduciary
duty?

IOW, what has been any change in the substantive standards for
dischargeability and also how and when procedurally in the bankruptcy
proceeding the creditor may try or when it may become too late for the
creditor to try to seek recovery?

[By fraud or breach of fiduciary duty above, I have in mind an
individual who was judicially appointed before Oct. 2005 as the
executor of an estate and who misappropriated then spent for her own
account estate assets rather than distribute them to the estate's
beneficiaries and who, in an effort to insulate herself from claims of
those beneficiaries, then petitioned for Ch. 7 relief in Nov. 2005.]

TIA.

On Thu, 17 Nov 2005 15:23:24 GMT, suoiruc@earthlynk.net wrote:
How if at all has the new law altered dischargeability of debts of abankrupt who petitioned for Ch. 7 relief after Oct. 18, 2005 that mayhave been incurred by fraud or, at least, in breach of fiduciaryduty?

As far as I have seen, those who attempt to discharge any debts
resulting from fraud, are no better able to in the new law, then the
old one.

But as always, consult a lawyer...

There has been little substantive change. Fraud is sill nondischargeable in
a Chapter 7 (although the creditor normally has to prove fraud via an
adversary proceeding; if nothing is filed, the debt is discharged).

Brett Weiss
lawyer@brettweiss.com
www.brettweiss.com

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at www.brettweiss.com/faq/br_faq.htm

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finding out the right and upholding it, wherever found, against the
wrong. -Theodore Roosevelt

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<suoiruc@earthlynk.net> wrote in message
news:448pn1dik6lcmhoqed9bvssdjpdkqt90db@4ax.com... How if at all has the new law altered dischargeability of debts of a bankrupt who petitioned for Ch. 7 relief after Oct. 18, 2005 that may have been incurred by fraud or, at least, in breach of fiduciary duty? IOW, what has been any change in the substantive standards for dischargeability and also how and when procedurally in the bankruptcy proceeding the creditor may try or when it may become too late for the creditor to try to seek recovery? [By fraud or breach of fiduciary duty above, I have in mind an individual who was judicially appointed before Oct. 2005 as the executor of an estate and who misappropriated then spent for her own account estate assets rather than distribute them to the estate's beneficiaries and who, in an effort to insulate herself from claims of those beneficiaries, then petitioned for Ch. 7 relief in Nov. 2005.] TIA.