EXCEPTIONS TO DISCHARGE: 11 U.S.C. § 523(a)(4)

Nondischargeability under § 523(a)(4) requires that the underlying debt was obtained in one of three ways: by embezzlement, by larceny, or by fraud or defalcation while acting in a fiduciary capacity. As the party seeking a determination of nondischargeability, the plaintiff bears the burden of proving all elements by a

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Appointment of Interim Trustees In Involuntary Bankruptcy Cases

Involuntary bankruptcy filings are rare. This fact reflects the current understanding that the principal purpose of the Bankruptcy Code is to grant a fresh start to the honest, but unfortunate debtor. Marrama v. Citizens Bank of Massachusetts, 549 U.S. 365, 367 (2007). An involuntary petition is an “extreme remedy with

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Bankruptcy Rule 9037: Redaction Issues in Bankruptcy

Bankruptcy Rule 9037 requires that personal identification information defined as individuals’ Social Security and taxpayer identification numbers, names of minor children, last four digits of financial account numbers, and dates of birth, be redacted from documents filed with the court. This requirement includes proofs of claims.  If a creditor inadvertently

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Sara Johnston

DelCotto Law Group Welcomes Associate, Sara Johnston

DelCotto Law Group PLLC is pleased to announce the addition of associate Sara A. Johnston to the firm’s Lexington office. Sara received her law degree from the University Of Kentucky College Of Law, and her bachelor’s degree, summa cum laude, from Auburn University. Sara will concentrate her practice on consumer,

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