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.
Bankruptcy Appellate Panel Affirmed Order Sustaining FLP’s Objection to $5,000,000 in Claims
12/5/2019
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
7/3/2019
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.
Affirmed Client’s Defense Judgment Against Creditor on $1 Million Non-Dischargeability & Denial
2/28/2019
Creditor appealed the bankruptcy court’s decision on two trials finding in favor of FLP’s client on creditor’s claims to deny debtor’s discharge entirely, or to deny creditor’s $1 million alleged debt. In a unanimous opinion, the Bankruptcy Appellate Panel affirmed the bankruptcy court’s decision for both trials. Asphalt Professionals, Inc. v. Darin Davis, BAP Nos. CC-18-1158-FKuta & CC-18-1163 FKuta.
Recovered Client’s Attorney Fees From Plaintiff Creditor
1/4/2019
A creditor sued to prevent the discharge of its $1 million alleged debt under 11 U.S.C. §523(a)(2). FLP’s Alan Forsley defeated the creditor’s non-dischargeability claim, and the bankruptcy court then ordered the creditor to pay FLP’s client’s attorneys’ fees of $92,347.79 based on the broad attorney fee provision in the contract on which the creditor sued. Asphalt Professionals, Inc. v. Darin Davis, 1:10-ap-1354-VK.
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