Bankruptcy, Litigation, and Appeals.
As Chapter 7 Debtor’s counsel, discharged over 2 million dollars in personal income taxes, obtained fresh start for clients and successfully defended dischargeability actions..
As Chapter 11 Creditor’s Committee counsel, took an appeal from an award of fees for a large national firm serving as debtor’s counsel. The appeal resulted in a settlement just before oral argument where the firm agrred to give back $100,000 in fees already paid and to withdraw an application for additional fees. This significantly increased the recovery for unsecured creditors.
As Chapter 13 Debtor’s counsel, defeated one fraud claim in Chapter 7 case to bring the debtor within debt limits of Chapter 13, and then confirmed Chapter 13 plan which allowed the debtor to obtain a super discharge of otherwise non-dischargeable debt.
As special counsel brought in by debtor and debtor’s counsel, averted discharge litigation through investigation and negotiation, defeated trustee’s challenge to a homestead, and successfully litigated or settled discharge/dischareability actions.
As creditor’s counsel, obtained relief from stay and defeated discharge of debt through litigation and negotiation.
Obtained judgment denying the discharge of debt based upon a real estate broker’s fraudulent representations regarding deeds of trust purportedly reconveyed to refinance senior loans.
Obtained judgment of discharge for debtor where creditor’s objection was based upon careless representations made in a family law court which differed from the representations made in the bankruptcy papers.
Obtained judgments of non-dischargeability of attorney’s fees awarded to family law counsel.
Obtained verdict for a business client after an eight day jury trial, defended appeal, commenced collection actions, and obtained dismissal of appeal with significant immediate payment on the judgment and an agreement to pay the remainder of the judgment over time.
Successfully briefed and argued appeals for both appellants and appellees before the Oregon Court of Appeals, the Nevada Supreme Court, the Second Appellate District of the California Court of Appeals, the District Court of California, the Bankruptcy Appellate Panel for the Ninth Circuit, and the Ninth Circuit Court of Appeals.
Reported decisions include:
Kennett v. Herriott, 223 Or. App. 437 (2008);
In re Marriage of Gioia, 119 Cal.App. 4th 272 (2004);
In re Hamada, 291F.3d 645 (9th Cir, 2002);
Royal Foods Co. Inc. v. RJR Holdings, Inc. 252 F.3d 1102 (9th Cir. 2001).
In re Miller, 262 B.R. 499 (9th Cir B.A.P. 2001)
In re DiSalvo (DiSalvo v. DiSalvo), 219F.3d 1035 (9th Cir. 2000);
Prize Frize, Inc. v. Matrix (U.S.) Inc., 167 F.3d 1261 (9th Cir. 1999);
In re Lopez (Wilzig v. Lopez), 192 B.R. 539 (9th Cir. B.A.P. 1996)