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Important New Case Law Confirms Protection for Vulnerable Oregonians

SYK is proud to announce financial elder abusers under ORS 124.110 cannot wipe away debts to their victims just by filing for bankruptcy.

While one would hope that would not be controversial, the previously reported cases provided too much gray area for abusers.  However, with SYK’s recent work, the Bankruptcy Appellate Panel of the Ninth Circuit held that the elements of Oregon’s financial abuse statute squarely meet the elements of the “larceny” or “embezzlement” grounds for exception to discharge of a debt under 11 U.S.C. 523(a)(4).

The case is Bryce Peltier and Kristine Diane Peltier v. Van Loo Fiduciary Services LLC, 2022 WL 4181728 (BAP No. OR-22-1000-FBGBk) (Date Filed August 16, 2022; Ordered Published September 12, 2022).

Congratulations to SYK fiduciary litigator and appellate attorney Darlene Pasieczny, who secured the original state court judgment and handled all aspects of the appeal before the BAP.   SYK bankruptcy and debtor/creditor rights attorney Jessica McConnell assisted with the adversary case filing in the bankruptcy proceedings, and was integral in helping navigate the specialized rules of that court and bankruptcy law, while fiduciary litigator Victoria Blachly assisted throughout.

Our SYK litigation team successfully preserved over $1 million of the state court financial abuse judgment in favor of our client, who is the court-appointed conservator and personal representative for the victims.

Ms. Van Loo responded to the ruling, “SYK’s help was vital.  Thank you so much for helping turn the tide in case law to protect those who have been financially victimized.’”

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