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Fourth Circuit Affirms Discharge of Debt in Martin v. Parker, Clarifies Embezzlement Standard under Section 523(a)(4)

Background - The case arose from a longstanding family arrangement involving reciprocal wills and a “Post Marital Agreement” between Morton Poindexter and his longtime partner, Peggy Martin. Their Agreement provided that,...more

How to Navigate an Adversary Proceeding in Bankruptcy

When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more

Fifth Circuit Holds that Post-Judgment Interest is Required in Adversary Proceeding Under 28 U.S.C. § 1961(a)

In Matter of Imperial Petroleum Recovery Corp., 84 F.4th 264 (5th Cir. 2023), the Fifth Circuit was asked to address whether 28 U.S.C. § 1961(a) – the federal statute providing for post-judgment interest – applies in...more

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