Ninth Circuit Court of Appeals
Mar 03, 2022OUTCOME: Decision Affirmed
Won appeal of a bankruptcy exemption challenge in both Arizona District Court and then at the Ninth Circuit Court of Appeals.
Kenneth L Neeley's Legal Cases (9)
Chandler, AZ
Chapter 7 bankruptcy Lawyer at Chandler, AZ
Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy ... +3 more
Expert Witness
Jan 01, 2014OUTCOME: Case Settled
Attorney failed to adequately defend a homeowner against a deficiency judgment. I was hired as the expert witness regarding the defenses the homeowner should have raised.
Adversary Proceeding Objecting to Discharge
N/AOUTCOME: Our client only had to pay $250 of a $10,000 debt
Our client was sued for over $10,000 by a creditor alleging fraudulent use of credit cards before filing bankruptcy. We aggressively defended the client and were able to negotiate a settlement of only ... $250.
Bankruptcy Stay Violation
N/AOUTCOME: Our client was paid a settlement of $3,500
Our client had his car repossessed during his bankruptcy case. We filed an action against the creditor in bankruptcy court and commenced litigation. The creditor settled the claim by paying our clien ... t $3,500.
Motion for Contempt of the Automatic Stay
N/AOUTCOME: We won a $6,000 settlement for our clients
Our clients' landlord was harassing them and trying to evict them just days after they filed bankruptcy and were protected by the automatic stay.
1/2 Million Dollar Deficiency
N/AOUTCOME: Settled the deficiency for $30K (6%)
Clients had $1.3 million dollar loan on a $800K home. The home did not qualify for Arizona's anti-deficiency protection because it was on more than 2.5 acres. Therefore, clients were liable for $500K.
Defending a Preference Action
N/AOUTCOME: Successfully Defended
The Chapter 7 Trustee sued our client as an insider who had received a $15K payment from a Chapter 7 debtor within the one-year preceding the Chapter 7 case. Out client was a friend of the Chapter 7 fi ... ler, not a relative. The trustee claimed non-statutory insider status. We defended and won a ruling that has been cited across the country as a test for non-statutory insiders.
Landscape Company Reorganization
N/AOUTCOME: Chapter 11 Plan Confirmation
Landscaping company grossing about $2million/yr and with over $1million in debt was on the brink of closing down. Through a Chapter 11 reorganization, its debt was reduced to a manageable level, and th ... e business is now stable.
IRS - Offer in Compromise
N/AOUTCOME: Offer Accepted
The IRS accepted our Offer in Compromise package of $9,600 to be paid over 2 years on an $86,000 tax debt. This represented an 89% reduction in tax liability for our clients.
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