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Walter C Oney Jr

Walter Oney’s Legal Cases

5 total

  • Michaud v. Colonial Cooperative Bank

    Practice Area:
    Bankruptcy and debt
    Date:
    Jun 18, 2015
    Outcome:
    Judgment ($40K) for Debtor
    Description:
    Bank violated bankruptcy stay by holding foreclosure auction and changing locks after its attorney knew bankruptcy had been filed. Debtor and 5 minor children had to find new place to live and new schools.
  • In re Drapeau

    Practice Area:
    Chapter 13 bankruptcy
    Date:
    Jan 08, 2013
    Outcome:
    Court accepted debtor's arguments that 6th Cir. Seafort and 9th Cir. BAP Parks cases were wrong, ruled in favor of the debtors
    Description:
    Chapter 13 Trustee sought to disallow post-petition contributions to 401(k) plans following expiration of stoppage caused by pre-petition hardship withdrawals.
  • In re Cormier

    Practice Area:
    Chapter 13 bankruptcy
    Date:
    Sep 27, 2012
    Outcome:
    Court ruled that below-median debtors could end plan at any time after 36 months and therefore did not have to pay unsecured creditors any additional money
    Description:
    Chapter 13 trustee challenged amended plan of below-median debtor who proposed to stop paying general unsecured creditors and pay just enough to pay post-petition priority tax claims.
  • Jane Doe v. The Educational Resources Institute, et al.

    Practice Area:
    Chapter 7 bankruptcy
    Date:
    Jan 01, 2010
    Outcome:
    Loans discharged after 5 years of litigation and trial with expert witness
    Description:
    Client needed to discharge private and government student loans because the heavy debt load was, by itself, creating undue hardship in the form of severe psychological distress.
  • Jane Doe v. HSBC

    Practice Area:
    Chapter 7 bankruptcy
    Date:
    Jan 01, 2009
    Outcome:
    $25K default judgment for violating bankruptcy stay and state and federal Electronic Funds Transfer laws
    Description:
    Creditor continued to generate ACH debits against debtor's bank account even after phone calls stating that debtor had filed for bankruptcy. Creditor blew off demand letter with statement that even a bankruptcy flag on the debtor's account would not have stopped the withdrawals.