Case Conclusion Date: September 11, 2003
Practice Area: Bankruptcy / Debt
Outcome: Successful - Judgment Reversed
Description: Mr. Kirby represented Dorothy Satten, a judgment creditor in the bankruptcy case of James Keenan. During the bankruptcy case, the Debtor sued Ms. Satten and the bankruptcy trustee in California Superior Court, alleging that they had colluded to defraud the debtor. Mr. Kirby obtained the dismissal of that case, and then on behalf of his client sued the debtor and his attorney for malicious prosecution. The trial judge dismissed the lawsuit on the grounds that it was pre-empted by the Bankruptcy Code. Mr. Kirby obtained a reversal of that dismissal. The case was ultimately settled.