Featured Cases and Matters
Case: US Bankruptcy Court, District of Arizona, case no. 2:08-bk-12444-RTB
Eligibility for Chapter 7: The debtors flunked the means test, a.k.a. the Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. The United States Trustee (UST) asked the Court to dismiss the debtors’ case pursuant to 11 U.S.C. § 707(b)(3). We persuaded the UST to withdraw its Motion to Dismiss. The debtors subsequently received a chapter 7 discharge.
Case: US Bankruptcy Court, District of Arizona, case no. 2:13-bk-03783-DPC
Eligibility for Chapter 7: Although the debtor earns a salary of about $100,000 per year, we were able to get her a chapter 7 discharge.
Case: US Bankruptcy Court, District of Arizona, case no. 2:04-bk-13416-RTB
Violation of Bankruptcy Code: The bank repossessed the debtor’s truck two days after he filed a chapter 7 bankruptcy case. Even after receiving notice of the bankruptcy case, the bank refused to return the truck. We negotiated a money settlement with the bank for its violation of the automatic stay by failing to return the debtor’s car.
Case: US Bankruptcy Court, District of Arizona, case no. 2:10-bk-01598-SSC
Violation of Bankruptcy Code: We obtained a judgment for monetary damages against the Bank's attorney for his failure to get the Superior Court judge’s Order, which was signed the day after the debtor filed for bankruptcy, canceled/vacated.
Case: Maricopa Superior Court case no. CV 2007-003626; U.S. Bankruptcy Court, District of Arizona, adversary case no. 2-08-ap-319-SSC; and U.S. District Court, District of Arizona, case no. CIV 08-1966-PHX-JAT
Discharge of an Unlisted Debt: The debtor filed for bankruptcy representing himself. He failed to list a creditor in his chapter 7 bankruptcy case. After he received a discharge, the creditor obtained a judgment against him in Superior Court. I convinced the Superior Court to postpone all judgment enforcement action while I went to the Bankruptcy Court. After reopening the bankruptcy case, we obtained a ruling via summary judgment that the unlisted debt was discharged in the debtor's bankruptcy case. The creditor appealed to the U.S. District Court, which agreed with and affirmed the Bankruptcy Court’s ruling. I then persuaded the Superior Court judge to agree that the original judgment was void when it was entered.
Case: U.S. Bankruptcy Court, District of Arizona, adversary no. 2:10-ap-02138-GBN
Loan Modification: Modified the first mortgage (a.k.a. deed of trust) and stripped off the second mortgage against the client's rental property.
Wrongful repossession: A couple of years after our client financed the purchase of a new car through her credit union, the credit union issued a release of lien against the vehicle. A year later, the credit union repossessed our client’s vehicle. Prior to filing a lawsuit for wrongful repossession, we negotiated a $6,000 settlement with the credit union.
Case: Maricopa County Superior Court case no. CV2010-020996
Debt Settlement: Negotiated settlement of a $1,297,733.31 judgment for $9,000.
Case: US Bankruptcy Court, District of Arizona, case no. 2:00−bk−12868−EWH
Foreclosure Undone: While the bankruptcy case was dismissed, the mortgage company foreclosed (a.k.a. conducted a trustee’s sale) on the debtors’ home and transferred ownership to the highest bidder. We got the bankruptcy case reinstated and the trustee’s sale undone so that the debtors could keep their home and ultimately received a chapter 13 discharge.