· 7/13/2001
Watson v. Parker (In Re Parker)
Citations
- 264 B.R. 685
- 2001 Bankr. LEXIS 826
- 2001 WL 791904
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that more than a general attorney-client relationship is required to establish a fiduciary relationship under discharge exception for fraud or defalcation while acting in fiduciary capacity
- holding that more than a general attorney-client relationship is required to establish a fiduciary relationship under discharge exception for fraud or defalcation while acting in fiduciary capacity
- holding legal malpractice claim against debtor attorney arising from pre-petition legal representation was pre-petition “claim” under section 101(5
- finding that a creditor’s claim against a debtor arises at the time the debtor committed the conduct on which the claim is based rather than at the time the creditor’s right to payment arises.
- explaining the doctrine of laches may apply to an unreasonable delay in reopening where prejudice to creditor exists
- “[PJursuant to the plain language of the statute, a claim will exist if some pre-petition conduct has occurred that will give rise to liability.”
Source: CourtListener parenthetical corpus (CC0).
Judges: McFeeley, Chief Judge, Clark, and Bohanon, Bankruptcy Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.