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Risker v. Cimmission for Lawyer Discipline

The trial court did not err in requiring the debtor to pay restitution to the trust as a condition of his reinstatement after the bankruptcy court issued an order releasing the debtor from all dischargeable debts and identifying the trust as a creditor for "claims for fiduciary breach liability as trustee."

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AFFIRMED AND OPINION FILED FEBRUARY 21, 2002.

OPINION

In this attorney disciplinary action, Frederick L. Risker, Jr., appeals his disbarrment on the grounds that: (1) the conducting of some of the trial court’s proceedings outside Fort Bend County and/or after the trial court’s plenary jurisdiction expired renders the judgment void; (2) proceeding with this case after Risker filed bankruptcy violated the bankruptcy court’s automatic stay; (3) the award of restitution violated the bankruptcy court’s discharge order; (4) the trial court erred in admitting evidence contrary to certain judicial admissions and in denying Risker’s proposed jury instruction regarding those admissions; (5) the trial court erred in refusing to strike the Commission’s expert witness; and (6) the trial court erred in admitting numerous exhibits over Risker’s objections. We affirm.

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