Obtained judgment of non-dischageability for creditor following trial in Bankruptcy Court

A pensioner’s daughter concealed the pensioner’s death and continued to wrongfully accept pension benefit payments for several years. The pension fund sued the pensioner’s daughter in state court and obtained a judgment. Shortly after the judgment was entered, the pensioner’s daughter filed a Chapter 7 bankruptcy case seeking to discharge the judgment obligation to the pension fund. The pension fund sued the pensioner’s daughter, asserting that the pension fund’s claim was non-dischargeable under applicable bankruptcy law. Brian represented the pension fund in the bankruptcy court litigation. Following trial, the Bankruptcy Court entered a judgment in favor of the pension fund, finding that the debt to the pension fund was non-dischargeable as a debt incurred by willful and malicious injury by the Chapter 7 debtor to the pension fund.

Related Professional

Related Practices & Industries

Jump to Page

Burke, Warren, MacKay & Serritella, P.C. Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek