Cabot, AR
Bankruptcy and debt Lawyer at Cabot, AR
Practice Areas: Bankruptcy & Debt, Estate Planning
OUTCOME: Confidential Settlement with Citimortgage and title insurance company
Mr. Flynn and co-counsel proved that their clients' mortgage documents assigning the mortgage to Citimortgage had been forged.
OUTCOME: Mr. Flynn's trial court win was affirmed on appeal
Mr. Flynn's Chapter 13 bankruptcy client was nearing the end of his case and had paid all plan payments required to obtain a discharge when the Trustee moved to dismiss claiming he had not paid enough. ... The Bankruptcy Court held that the Plan is a contract between the Debtor and all creditors and that the Debtor's testimony about how much he needed to pay through his Plan was sufficient to resolve the ambiguity caused by the fact that a specific dollar amount for total payments was not set forth in the Plan. The Bankruptcy Appellate Panel of the 8th Circuit Court of Appeals agreed and affirmed the Bankruptcy Court's decision, holding that the Trustee's opinion of what the "base", or total payments over the course of the Plan should be, is irrelevant, as the Trustee is not a party to the contract (Plan). The BAP also advised Debtors' attorneys to set forth the base in all original and modified Plans, something which Mr. Flynn had been doing for about eight months, but which no debtors' attorneys had been doing at the time Mr. Jenkins Plan and modifications had been proposed.
OUTCOME: Mr. Flynn won. Debtor was able to keep entire net proceeds of sale.
Client was a Debtor in a Chapter 13 bankruptcy case who sold his home due to a divorce while in the Chapter 13. Trustee wanted to take all net proceeds (over $70,000.00) to pay unsecured creditors. M ... r. Flynn went to trial and won.
OUTCOME: Affirmed in part, reversed and remanded in part
Mr. Flynn successfully defended an appeal, enforcing a victory in the trial court for his client on the issue of parental obligations for a non-custodial child's health care. An issue of child support ... increases was remanded to the trial court.
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