FLP’s Alan Forsley Intervenes in Bankruptcy Trustee’s Voidable Transfer Action & Recovers $1,761,68.51 for Client.
FLP’s judgment creditor client Remares Global, LLC levied, pre-petition,
on about $3,033,215.05 that debtor fraudulently transferred to his irrevocable
trust. The trustee asserted Remares was entirely unsecured and that all
was property of the bankruptcy estate. To protect Remares’ interests,
FLP then requested, and the court allowed, Remares to intervene in the
trustee’s avoidance action. The Court then granted Remares’
motion for summary judgment finding $482,780.07 of the $3.25 million was
not property of the Estate because the funds were in college savings accounts.
FLP further successfully opposed the trustee’s motion for summary
judgment attempting to find Remares as unsecured. FLP then negotiated
a settlement with the trustee which gave Remares 50% of the remaining
$2,550,434.98 (i.e., $1,275,217.49).
Fredman Lieberman Pearl Recovers 100% Plus Attorney Fees and Interest for Client and Successfully Defends Appeal.
FLP attorney Alan Forsley obtained an $865,000 judgment, including attorney
fees, for its plaintiff client. Forsley then defeated defendant’s
motion to vacate the judgment and proceeded to collect 100% of the judgment
plus interest and attorney’s fees through a sale of real defendant’s
estate, totaling over $1 million. FLP then successfully defeated defendant’s
appeal on the grounds that the judgment had been satisfied in full.
Chen v. Lynch, California Court of Appeal, Second Appellate District, Case No. B307279.
FLP Obtains Individual Debtor Discharge in Contested Chapter 11 Case and removal of $1 million of Judgment Liens Against Her Home
Debtor’s 2009 Chapter 11 case was closed after consummation of her
confirmed plan by prior counsel. Notwithstanding the confirmed plan, two
pre-petition law firms each obtained $500,000 judgments against Debtor
and recorded liens against her multi-million home. In 2021, FLP’s
lead attorney Alan Forsley successfully reopened Debtor’s case and
filed motions seeking an order granting Debtor’s discharge under
the bankruptcy Code’s hardship provisions and the removal judgment
creditor’s liens. After discovery and hotly contested motions, FLP
obtained an order granting Debtor’s discharge and removing the judgment
creditors’ liens against her home.
In re Montero, 2:09-bk-37943-WB.
FLP’s Alan Forsley Causes Minority LLC Member’s Lawsuits to be Settled on Favorable Terms
FLP’s client was forced out of two LLCs and denied any further distributions,
so he filed a lawsuit against each LLC and their managing members. The
client then substituted FLP into the cases as his counsel. After defeating
the majority members’ motions to cause both lawsuits to be arbitrated,
the parties attended mediation and settled with the managing members buying
out FLP’s client’s minority membership interests at very favorable terms.
FLP Successful in Opposing Defendants Writ of Mandate
On behalf of the client, FLP sued defendants, directors of a corporation,
to recover over $1.3 million in state court for breach of fiduciary duty
owed to creditors.
232 Grand Blvd., LLC v. Maeda et al. Orange County Superior Court CaseNo. 30-2020-01156788. Defendants filed a motion to dismiss, but lost to FLP’s opposition.
Defendants then filed a Petition for Writ of Mandate to the Court of Appeal,
but the writ too was denied.
Maeda v The Superior Court of Orange County, Court of Appeal, 4th Appellate District, Case No. G060070.
Debtor’s Chapter 11 Reorganization Plan Confirmed
Confronted with 16 alter ego creditors from a failed $60 million wholesale
pie baking company, who claimed they were owed over $5 million, FLP’s
clients filed Chapter 11 to have the alter ego creditor claims heard in
the bankruptcy court. At mediation, Debtors settled the 16 alter ego creditor
claims. On April 8, 2021, the bankruptcy court confirmed Debtor’s
plan of reorganization, which involved over $5 million in unsecured claims,
including millions of dollars in guarantee claims.
In re Bonert, 2:19-bk-20836-ER.
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