United States District Court Affirms Fourth Fee Order After FLP Knocked Out $5 million in Claims
FLP obtained another fee award for its debtor client after the Bankruptcy
Appellate Panel for the Ninth Circuit sustained the client’s objections
to the creditor’s $5 million in claims. This $20,527.50 award was
the fourth fee order in favor of the same client. The U.S. District Court
affirmed the fee order.
Asphalt Professionals, Inc. v. Darin Davis, Case No. 2:20-cv-03492-RGK.
Debtor’s Chapter 11 Reorganization Plan Confirmed
Confronted with a multi-million dollar adverse judgment and unable to afford
an appeal bond, FLP’s client filed Chapter 11 to protect her assets
during the pendency of her appeal. On January 28, 2021, the court confirmed
Debtor’s plan of reorganization, which involved over $55 million
in unsecured claims, including millions of dollars in claims held by overseas
In re Trinh, 2:18-bk-11475-RK.
The 9th Circuit Court of Appeals Further Affirms the Fee Award and Claim Objections
On behalf of the debtor client, FLP obtained a $92,347.79 fee award against
the creditor and prevailed in objecting to creditor’s $5 million
in proofs of claim, both of which were affirmed by the Bankruptcy Appellate
Panel. FLP then defended creditor’s further appeals to the 9th Circuit Court of Appeals where the orders were again unanimously affirmed.
Asphalt Professionals, Inc. v. Darin Davis, Case Nos. 19-60036 & 19-60061
Bankruptcy Appellate Panel Affirms Attorney Fee Orders of $29,498.08 & $55,671.25
On behalf of the debtor client, FLP obtained further fee awards of $29,498.08
and $55,671.25 against a creditor for fees incurred in objecting to proofs
of claim and defending the creditor’s appeals to the Bankruptcy
Appellate Panel. In unanimous opinions, the Bankruptcy Appellate Panel
affirmed both fee orders.
Asphalt Professionals, Inc. v. Darin Davis, Case Nos. CC-19-1275 &
Bankruptcy Appellate Panel Affirmed Order Sustaining FLP’s Objection to $5,000,000 in Claims
FLP’s debtor client prevailed on his objections to a creditor’s two proofs of claim totaling $5 million. The creditor appealed. The Bankruptcy Appellate Panel affirmed the bankruptcy court’s decision disallowing the claims in their entirety. All briefs written and argued by Alan W. Forsley. Asphalt Professionals, Inc. v. Darin Davis, BAP No. CC-19-1116-TaLS.
$92,347.79 Attorney Fee Award Affirmed on Appeal
FLP prevailed at trial on behalf of a Debtor against whom a creditor alleged fraud in connection with its $1 million claim. The bankruptcy court ordered the creditor to pay FLP’s client $92,347.79 in attorney fees. In a unanimous opinion, the Ninth Circuit Bankruptcy Appellate Panel affirmed the bankruptcy court’s attorney fee award. Asphalt Professionals, Inc. v. Darin Davis, BAP No. CC-18-1326-FLKu.
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