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Lockerby v. Sierra (9th Cir. - Aug. 7, 2008)

By Shaun Martin

Judge Hawkins is correct. The defendant here should indeed get a discharge. Even a deliberate breach of contract -- here, of a routine settlement agreement -- doesn't constitute a willful tort.

Nonetheless, anyone who's thinking of hiring Tucson, Arizona attorney Alexander L. Sierra to do anything on their behalf -- Sierra's the one filing for bankruptcy, who was previously sued for malpractice, and who deliberately decided to breach the settlement agreement -- should definitely read this case.

You're not going to hire Mr. Sierra as your attorney anyway, since he's been disbarred. But I wouldn't retain him for anything else either , honestly. He doesn't sound like the kind of person I'd especially like to have to deal with.

A discharge applies to debts, not reputation.

Full post as published by California Appellate Report on August 15, 2008 (boomark / email).