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  1. #1
    Join Date
    Jul 2008
    Posts
    3

    Default Breach of Fuduciary Duty in No Asset Chapter 7

    My question involves bankruptcy in the state of: CA

    I am in Va--My STBX is in CA--He has filed a noasset Chapter 7 case in the middle of our divorce proceedings. I have checked PACER and he has failed to report that he took $10,000 of my daughters(13) money for which he was custodian under the Va. Universal Transfer Act to minors until 21. There was a clause in both the mediation and separation papers stating that the money was to be used exclusively for education or unforseen medical emergencies.In addition he has owed me $40,000 since Sept. 9th and a clause was added into our sep. aggreement that bankruptcy would not clear him of that debt. I have a family law lawyer. I am a teacher and have just purchased my first home--Am I going to need a Bankruptcy Lawyer? Is it worth my while to pursue this since there are no funds?? When his debts are cleared he will be making much more than I and living rent free. I feel that these 2 debts should still be nondischargable---Any advice would be appreciated!!! Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Breach of Fuduciary Duty in No Asset Chapter 7

    Work with your own lawyer to make sure that you file objections to the discharge of any debts that are not dischargeable. Your lawyer can inform you whether or not he is competent to assist, or if he suggests getting help from a bankruptcy lawyer. I hope that your lawyer is able to help you.

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