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Fraud › Adversary Proceedings › Chapter 7

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Nelson Mullins Riley & Scarborough LLP

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

Nelson Mullins Riley & Scarborough LLP on

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

Herbert Smith Freehills Kramer

Court Holds Filing of Proof of Claim Results in Waiver of Right to Jury Trial Despite Claimants’ Purported Reservation of Rights

Herbert Smith Freehills Kramer on

In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who submits a proof of claim in bankruptcy waives its right to a jury trial,...more

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