Case Results

Case Results

FLP Successful in Opposing Defendants Writ of Mandate

7/15/2021

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

7/12/2021

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.

United States District Court Affirms Fourth Fee Order After FLP Knocked Out $5 million in Claims

2/15/2021

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

1/28/2021

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 creditors. In re Trinh, 2:18-bk-11475-RK.

The 9th Circuit Court of Appeals Further Affirms the Fee Award and Claim Objections

9/23/2020

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

9/23/2020

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 & CC-19-1279.

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