Legal Opinion
Anderson v. Ingeneri (In Re Ingeneri)
United States Bankruptcy Court, D. Maine
Decided March 15, 2005No. 19-20008PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
LOUIS H. KORNREICH, Bankruptcy Judge.
Anderson’s claim of exception to discharge against Ingeneri, his former attorney, “for fraud or defalcation while acting in a fiduciary capacity” under 11 U.S.C. § 523(a)(4), 1 is premised upon two things: First, that his attorney-client relationship with Ingeneri established the requisite fiduciary capacity for both fraud and defalcation under § 523(a)(4); and, second, that both fraud and defalcation were established by a state court default judgment against Ingeneri under the doctrine of res judicata or, if not, by the facts in the…
2Cases cited17 opinions
- Davis v. Aetna Acceptance Co.Supreme Court of the United States · 1934
- In Re Robert J. Young and Donna M. Young, Debtors. Fowler Brothers v. Robert J. Young and Donna M. YoungCourt of Appeals for the Tenth Circuit · 1996
- Chapman v. Forsyth & LimerickSupreme Court of the United States · 1844
- McCrory v. Spigel (In Re Spigel)Court of Appeals for the First Circuit · 2001
- Rutanen v. BaylisCourt of Appeals for the First Circuit · 2002
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3Cited by7 opinions
- Stallworth v. McBride (In re McBride)United States Bankruptcy Court, D. Massachusetts · 2014
- Davis v. Rickabaugh (Rickabaugh)United States Bankruptcy Court, S.D. Iowa · 2006
- MacPherson v. Marano (In re Marano)United States Bankruptcy Court, D. Massachusetts · 2017
- State of Maine v. Dale F. ThistleSupreme Judicial Court of Maine · 2024
- State of Maine v. Dale F. ThistleSupreme Judicial Court of Maine · 2024
2 more not listed; retrieve them via the Exa API.