deBenedicts v. Brady-Zell (In re Brady-Zell)
- Summarized by Michael Sugar , Commonwealth of Massachusetts
- 11 years 8 months ago
- Citation:
- deBenedicts v. Brady-Zell (In re Brady-Zell), No. 13-9014 (1st Cir)
- Tag(s):
-
- Ruling:
- The Court upheld the Bankruptcy court's determination that Ms. deBenedicts's claim was dischargeable. The appeals court refused to disturb the bankruptcy court's determination that Ms. deBenedicts had not shown by a preponderance of the evidence that the Debtor knowingly made false representations to pay Ms. deBenedicts's invoices or that the Debtor intended to deceive Ms. deBenedicts. The appeals court determined that the evidence could support a finding either way on these issues and the bankruptcy court did not commit clear error by finding that Ms. deBenedictis did not meet her burden.
- Procedural context:
- The bankruptcy court determined that DeBenedictis's claim was dischargeable. This is an appeal from the BAP's affirmation of the bankruptcy court's decision.
- Facts:
- Prior to bankruptcy, the Debtor engaged a divorce attorney, Ms. deBenedicts, and paid Ms. deBenedicts a $25,000 retainer. Ms. deBenedicts billed the Debtor for fees $62,000 in excess of the retainer. The Debtor did not pay this additional amount and Ms. deBenedicts sued in state court. After the Debtor filed for bankruptcy, Ms. deBenedicts sued the Debtor in order to except the debt from discharge under section 523(a)(2)(A).
- Judge(s):
- Selya, Howard and Thompson. Opinion by Selya
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