Violation of the Discharge Injunction

Violation of the Discharge Injunction

Represented a consumer vs a large banking institute in a case to determine whether the bank violated the discharge injunction imposed under Section 524(a)(2) of the Bankruptcy Code when it failed to discharge a lien on a mobile home that had been avoided and commenced a foreclosure action to collect a discharged debt.

A settlement was reached in favor of our client.

Bankruptcy Discharge Violations

Bankruptcy Discharge Violations

Represented debtor in dispute over whether a creditor who filed a civil action to foreclose property that it never had a lien on before the debtor received her chapter 7 discharge violated the discharge injunction under Section 524(a)(2) of the U.S. Bankruptcy Code.

Debtor’s motion to enforce the discharge injunction and for contempt sanctions was granted by a Memorandum Opinion and Order entered on 2/7/18 in In re Joseph, U.S. Bankruptcy Court for the E.D. Kentucky, Case No. 09-30812-grs, ECF No. 145.

Assignment for the Benefit of Creditors

Assignment for the Benefit of Creditors

Represented an Assignee in an assignment for the benefit of creditors proceeding in Louisville, KY in Jefferson District Court. Case was resolved with a total liquidation via a sale of the assets of the company.

Coal Processing Facility Tenant Dispute

Coal Processing Facility Tenant Dispute

Litigated whether our coal company client was obligated to pay for all or any portion of a $32 million coal processing plant built by the tenant on the coal company’s property under an unjust enrichment theory. Settlement reached to enter into a new lease with the tenant, cash payment and increased coal royalties thereafter.

Auto Body Business Closure

Auto Body Business Closure

Successfully completed the wind-down and closure of an auto body business, including analysis of personal exposure and assistance with the details of closing the business.

$4.1 Million Verdict in Favor of Oil and Gas Company

$4.1 Million Verdict in Favor of Oil and Gas Company

Represented an oil and gas company in a royalty dispute involving whether the correct royalty had been paid to the lessor under oil and gas leases. Received a $4.1 million jury verdict in favor of our client.

Disputed Claims Trading in Bankruptcy

Disputed Claims Trading in Bankruptcy

Represented a claimant regarding an allowed claim in a bankruptcy/breach of contract and fraud case against a large banking institution. Litigation over whether an email sale of a $22.8 million allowed claim was a binding agreement and was an act of fraud when the seller refused to close the sale. Received summary judgment on behalf of our client.

Landlord/Tenant Dispute in Restaurant Industry

Landlord/Tenant Dispute in Restaurant Industry

Represented a claimant regarding an allowed claim in a bankruptcy/breach of contract and fraud case against a large banking institution. Litigation over whether an email sale of a $22.8 million allowed claim was a binding agreement and was an act of fraud when the seller refused to close the sale. Received summary judgment on behalf of our client.