David Mawhinney Quoted in Massachusetts Lawyers Weekly’s “Transfers under power of attorney not exempt from discharge”

July 22, 2021

A U.S. Bankruptcy Court judge rules in favor of a Chapter 7 debtor after the nursing home his mother was a resident of attempted to have their claims excepted from his discharge. Massachusetts Lawyers Weekly spoke with local bankruptcy attorneys who agreed with the decision.  One described the case as an example of why individuals should “seek legal advice the moment they start acting under a power of attorney.”  David Mawhinney was among the bankruptcy attorneys Massachusetts Lawyers Weekly spoke with about the case.

“If a creditor has a judgment from another court saying the debtor committed fraud, that will usually be sufficient to qualify the debt as nondischargeable,” he said. “Accordingly, it is best practices for a creditor to obtain such findings in any non-bankruptcy lawsuit if such findings are indeed supported by the allegations and evidence.”

Continue reading “Transfers under power of attorney not exempt from discharge” on the Massachusetts Lawyers Weekly website (subscription required).