Evidence, Trustees

Asbestos Bankruptcy Trusts Announce Intent to Destroy Data and Documents

Goldberg Segalla on 3/21/2025

Earlier this year, at least four asbestos bankruptcy trusts including WR Grace, Babcock & Wilcox, Pittsburgh Corning and Owens Corning, issued notices regarding their intent to destroy data and documents submitted by...more

Posts Resource Library Subscribe Prosecutors May Use Evidence Obtained from Trustee Without Warrant

Patterson Belknap Webb & Tyler LLP on 8/1/2024

We have blogged previously about the intersection of fraud and bankruptcy. A recent decision from the U.S. District Court for the Central District of California justifies an addition to that series of posts. Thomas...more

Showdown at the O.K. Corral – The Battle of the Omitted Heirs

Downey Brand LLP on 8/31/2020

Providing for your children is one of the primary purposes of estate planning, but what happens to your carefully crafted trust if you had children you did not know about when you created the trust? Or, what if you have...more

Is an APN Number Sufficient to Describe Property in a Deed of Trust?

Patton Sullivan Brodehl LLP on 1/27/2020

To be enforceable, a deed of trust must sufficiently describe the real property security. There are several different ways to describe real property. Commonly used methods include referring to a block and lot number from a...more

Court Holds That The Cost To Create A Distributor List Was Sufficient Evidence of Damages for A Breach of Fiduciary Duty Claim

Winstead PC on 8/26/2019

In In re Amerisciences, a bankruptcy trustee sued a bankrupt company’s former officers for breach of fiduciary duty regarding the theft of trade secrets. No. 18-20394, 2019 U.S. App. LEXIS 20635 (5th Cir. July 11, 2019). ...more

[Webinar] Financial Services Webinar - Trustee Quandary: Criminal Acts By Beneficiaries With Or On Trust Property - June 25th,...

Winstead PC on 6/17/2019

With rising drug abuse issues, it is not uncommon for a beneficiary of a trust to commit criminal activities on or with trust property. This webinar will provide suggestions for trustees in this situation and address several...more

Texas Statutes Now Allow A Court To Modify Or Reform An Unambiguous Will

Winstead PC on 6/7/2019

I. Introduction Historically, Texas courts could not resort to extrinsic evidence to construe an unambiguous will. San Antonio Area Foundation v. Lang, 35 S.W.3d 636 (Tex. 2000)....more

My Note and Deed of Trust Have Different Dates. Do I Have a Problem?

Ward and Smith, P.A. on 9/27/2018

Consider this scenario: You loan money to a borrower. You intend to secure the loan with a deed of trust encumbering real property. Your borrower signs a promissory note dated November 7, 2006. But your deed of trust is...more

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