unjustifiable risk’ that his conduct [would] ... turn out to violate a fiduciary duty.” Id. (quoting ALI, Model Penal Code § 2.02(2)(c), p. 226 (1985)). His “culpable state of mind” is irrefutably established by his admitted lie to Duncan when confronted about the Meadows at Kyle II/Perron Property contract, as well as by the preparation of dual sets of closing documents carefully hiding the secret profits. Thus, in addition to his debts to Plaintiffs being established and held nondis-chargeable under § 523(a)(2)(A), Whitting-ton’s discharge of these debts must be denied under § 532(a)(4) as well. B. Defenses Whittington has urged several affirmative defenses in response to Plaintiffs’ claims. He argues that the Individual Plaintiffs lack standing to bring thei p.-Dallas 2012, no pet.) (<HOLDING>); Broadmoor Villa, LLC v. Am. Crest, Inc., No.
holding that equitable principles apply to child support proceedings recognizing those actions for monetary relief that we have characterized as equitable such as actions for disgorgement of improper profits holding that nauslar and wingate principles apply even when equitable remedies such as disgorgement are sought holding that equitable relief is only appropriate where legal remedies are inadequate holding that equitable tolling principles apply to suits against the united states in the same manner as they apply to private parties