Bankruptcy cases

For B.M. we were able to recover from the Chapter 13 trustee over $9,000 he had paid into his reorganization plan that the trustee hadn't distributed to creditors when he converted his case to chapter 7. To do so, we had to establish new law in this area of bankruptcy by getting first the bankruptcy court, then the U.S. District Court and finally the U.S. Court of Appeals for the Third Circuit to adopt our client's position over the objections of all the chapter 13 trustees in this area of the country.

D.C. and M.C. had significant assets they could not fully exempt (keep) in a Chapter 7 bankruptcy and therefore would need to pay most, if not all, of their allowed unsecured debt (such as credit cards) in a chapter 13 bankruptcy in order to be able to keep their assets. By aggressively contesting the right to payment of 12 of their creditors, we were able to reduce the amount of debt they would otherwise have to pay back by over 44% or $47,000.

Similar to the above situation, R.S. and his wife, who didn't file bankruptcy, had very high income that required him to pay back all his allowed unsecured debt. By aggressively contesting all 7 of his unsecured claims we were able to eliminate 76% of his debt saving him more than $39,000 in repayments.

K.H. had 5 valid mortgages on her property. By utilizing Chapter 13's lien stripping provisions, we were able to eliminate 3 of the mortgages and over $83,000 in secured debt while allowing her to keep the property.

L.D. filed a chapter 7 bankruptcy and was assigned a very aggressive trustee who thought she was not being as cooperative as he would like with the person he wanted to inspect her property prior to a possible attempt to sell it. In order to bully her to do as he wanted, the trustee's attorney filed a motion to dismiss her bankruptcy.

After carefully researching cases on the subject, we determined the trustee's motion was frivolous and was filed for an improper purpose. We demanded that the trustee withdraw his motion to dismiss and, when he didn't, took the extremely unusual step of filing a Motion for Sanctions against the trustee and his attorney.

After a hearing, the court ordered the trustee's attorney to pay in excess of $2,000 to our client for the extra costs she incurred in defending herself. The trustee also withdrew his Motion to Dismiss, L.D. obtained a discharge of her debts and the trustee abandoned any further efforts to sell her property.

W.G. was the father of our chapter 7 bankruptcy client, D.G. D.G. owned property where W.G. lived subject to a life estate for W.G.. The trustee in D.G's bankruptcy wanted to sell the property where W.G. lived. After carefully reviewing bankruptcy law, we were able to find cases that bankruptcy courts had disallowed trustee attempts to sell property under similar circumstances. We were able to convince the trustee not to try to sell the property.

J.M. was a chapter 7 bankruptcy client. J.M. had received workers compensation benefits that the insurance company felt he was not entitled to and should have to repay. The insurance company filed a complaint in client's bankruptcy seeking a determination that the debt it alleged our client owed was not able to be wiped out in client's bankruptcy. Prior to filing the complaint, we warned the insurance company that the complaint they were about to file was frivolous and that if they filed it we would aggressively respond by seeking damages against it for the client's expenses and aggravation in defending the suit. After the court granted our motion to dismiss the insurance company complaint against our client, we were able to obtain a settlement from the insurance company and their attorney more than compensating our client for his expenses in defending the suit against him.

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