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Bankruptcy: Meaning of “Defalcation”
May 14, 2013
By: Neil J. Orleans The term “defalcation” has been a statutory exception to discharge since 1867. The courts have long disagreed about the meaning of defalcation. An individual cannot obtain a bankruptcy discharge from a debt “for fraud or defalcation while acting in a fiduciary cap [...]
Continue Reading →Bankruptcy: Inherited IRAs – Exempt vs. Non-Exempt
By: Neil J. Orleans The 7th Circuit Court of Appeals has held that inherited IRAs are not exempt from the reach of creditors in a bankruptcy case. In Re Brandon Clark and Heidi Heffron- Clark, Nos. 12-1241 and 12-1255 (7th Cir. 2013). 11 U.S.C. 522 (d) (12) states that retirement fund [...]
Continue Reading →Bankruptcy – Post Confirmation Actions: Reservation of Causes of Action
By: Neil J. Orleans In Wooley v. Haynes & Boone, et.al.(In re SI Restructuring Incorporated), No. 11-51106 (5th Cir. April 18, 2013), the Court examined the ability of a creditor to bring Post Confirmation causes of action on behalf of a reorganized debtor. Wooley brought the act [...]
Continue Reading →Bankruptcy: Priority of Liens
By: Neil J. Orleans In First National Bank v. Crescent Electric Supply, No. 12-10386 (5th Cir. April 5, 2013), the Fifth Circuit weighed priority of liens between a mechanic’s lien and a secured lender. The lender recorded its deed of trust and security agreement in Tarrant County, T [...]
Continue Reading →Frank Broyles Explains Creation of Business Ethics Program for Irving ISD Students
Frank Broyles chaired a business ethics seminar attended by around 250 Irving Independent School District high school and middle school students plus numerous Irving ISD staff. Frank invited Dr. Paul Melendez, founder of the University of Arizona’s Center for Leadership Ethics and Ass [...]
Continue Reading →Texas Supreme Court Expands Scope of Property Interests Subject to Taking Claims
Expanding the scope of “property interests” subject to taking claims, the Texas Supreme Court last week also expanded the exposure of municipalities to these claims in El Dorado Land Co., L.P. v. City of McKinney, No. 11-0834, 2013 WL 1276045 (Tex. 2013). The deed conveying real prope [...]
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