Bankruptcy debtor lost at trial. On appeal, I obtained a reversal of the trial court. The Trustee appealed to the 8th Circuit, but the lower appelate court decision in debtor favor was upheld.
Shortly before filing Ch. 7 bankruptcy, debtor Gary Pyatt wrote checks to pay some routine bills. These checks were cashed shortly after filing. At the creditorâ€™s meeting, the trustee learned the checks were not cashed on the day of filing and, instead of seeking the funds from the companies that cashed the check, demanded reimbursement from debtor, my client. The judge in bankruptcy court agreed with the trustee & ordered Pyatt to pay. As his attorney, I appealed the case to a higher court, the Bankruptcy Appellate Panel.
Debtor lost her house at trial, but I appealed & saved her home from sale.
Trustee LaBarge asserted right to sell Debtorâ€™s 1/3 interest in her home. Trial court agreed, on appeal I won: She kept her home.
Merseal vs. Farm Bureau Town & Country Insurance Company of Missouri (Mo.E.D.App. 4/2013)
Chapter 7 Bankruptcy
Apr 09, 2013
Plaintiff’s verdict upheld.
Testified for Plaintiffs as a bankruptcy law expert witness at State trial court on issue of valuation of property on Insurance company denial of claim and alleged vexatious refusal to pay claims. Plaintiff’s verdict appealed by Insurance Co.