Bankruptcy Appellate Panel Affirms FLP’s 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.
FLP Recovers 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.
FLP Defeats Judgment Creditor’s $1 Million Non-Dischargeabilty Claim.
7/30/2018
A creditor sued to prevent the discharge of its $1 million alleged debt
under 11 U.S.C. §523(a)(2) based upon findings of fact in a state
court judgment and witness testimony. In a multi-day trial, FLP’s
Alan Forsley defeated the creditor’s claim that Debtor fraudulently
caused it to enter into a construction contract and resulting damages.
In a 24-page nuanced opinion, the bankruptcy court found in favor of FLP’s
client on every disputed issue of fact and law.
Asphalt Professionals, Inc. v. Darin Davis, 1:10-ap-1354-VK.
Attorney Fredman Wins Appeal for False Accusations of Embezzlement & Financial Elder Abuse
4/25/2018
On April 20, 2018, the California Court of Appeal (2d Appellate Dist.)
affirmed a ruling in favor of Joel D. Kettler, a client of FLP's Howard
Fredman, who had sued Leslie and Susan Gould, the son and daughter-in-law
of elderly clients, for falsely accusing Kettler of embezzlement and financial
elder abuse. Those accusations were made by the Goulds to the Certified
Financial Planners Board of Standards (the "CFP Board") and
to Kettler's employer. In a published decision, the Court of Appeal
made two significant rulings under California's anti-SLAPP statute.
The Court held the statute did not apply to claims made to the CFP Board
because that was not an official proceeding authorized by law, and because
the alleged conduct was not a matter of public interest but only affected
those directly involved. The Court also held that making defamatory accusations
to Mr. Kettler's employer 11 months before suing the employer was
not protected by the Litigation Privilege or the SLAPP statute because
nothing suggested that the Goulds were contemplating bringing a lawsuit
against the employer when they made their accusations and because nothing
the Goulds said was in furtherance of the objects of the litigation brought
11 months later. The published opinion appears at 2018 WL 1887345.
FLP’s Alan Forsley Obtains a $798,443.84 Writ of Attachment Against a Lease Guarantor.
3/13/2018
FLP’s landlord client leased his commercial premises to a retail
business tenant, with the lease personally guaranteed by the principal
of the tenant. When the business failed, landlord sued under the lease
to recover $798,443.84, plus attorneys’ fees, costs and interest
from the guarantor. Fearing the guarantor would abscond with her assets
while the lawsuit was pending, FLP, on behalf of the landlord, obtained
a court order for a $798,443.84 writ of attachment, permitting the seizure
of guarantor’s financial accounts pending the outcome of the lawsuit.
FLP’s Alan Forsley Settles a Personal Guaranty Lawsuit on Favorable Terms
3/13/2018
FLP’s clients guaranteed a business line of credit. When the business
defaulted, the lender sued our clients to recover the loan balance, attorneys’
fees, costs and interest. After defeating lender’s motion for summary
judgment, FLP settled the case for a reduction in the principal owed,
no payment of attorneys’ fees, costs or interest, with the settlement
amount to be paid over 48 months with no interest.
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