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.
Affirmed Client’s Defense Judgment Against Creditor on $1 Million Non-Dischargeability & Denial
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
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.
Defeated Judgment Creditor’s $1 Million Non-Dischargeabilty Claim
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.
Won Appeal for False Accusations of Embezzlement & Financial Elder Abuse
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.
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