Christopher Douglas Smith

Christopher Smith

I am sorry Client was dissatisfied with the case, but my involvement ended very early in the ordeal. Here is the case history: Client filed a Chapter 7 bankruptcy on January 15, 2015, case 8:15-bk-00387, Tampa, Florida. His publicly-viewable schedules, signed by him under oath, indicate that he owed no real property and $14,394.65 in personal property. His schedules indicate that he owed significant IRS debt and over $391,000 in unsecured debt, including a judgment debt exceeding $150,000 to Alexandrine Boswell. Average monthly income of $2,777.70 and expenses of $4,100. Per the court docket, his case met with significant resistance from the U.S. Dept. of Justice U.S. Trustee, the panel trust, and Ms. Boswell. Per request of client, attorney Smith filed a motion to withdraw from case on June 2, 2015. Total compensation paid to Mr. Smith for representation was $2,815. Thereafter, Client retained new counsel, David Jennis and Eric Jacobs, to represent him going forward. On June 3, 2015, adversary case (8:15-ap-00509) was filed by Boswell against Client, alleging claims under 523(a)(2) (“false pretenses, false representation, actual fraud”) and 523(a)(4) (“fraud as fiduciary, embezzlement, larceny”). An amended, corrected complaint filed by same creditor on May 9, 2016 alleging 523(a)(2) claims. On August 17, 2015, the U.S. Trustee (U.S Dept. of Justice) filed adversary case 8:15-ap-00730 seeking the objection of revocation of discharge per 727(c),(d),(e). The complaint specifically alleges, “With the intent to hinder, delay or defraud creditors or the trustee, [Client] transferred, removed or concealed property within one year of the filing […].” It also alleges “With the intent to hinder, delay or defraud creditors or the trustee, [Client] removed or concealed assets, gifts or property, and payments to creditors within one year of the filing of the bankruptcy petition.” In main case, the U.S. Trustee, panel trustee and Boswell all sought to examine Client at a deposition under oath and all three also sought extensions of time to file adversary matters. Client’s new attorney, Eric Jacobs, filed two Motions for Reconsideration of Order Granting Second Motion for Extension of Time to File Adversary Proceeding and also filed an Emergency Motion for Protective Order in Connection with Examination of Debtor. The first two motions were denied by the Court and he withdraw the emergency motion in open court on July 13, 2015. On July 14, 2015, Client's new counsel filed a disclosure indicated that he has received a $15,000 retainer for his representation. On December 22, 2016, another disclosure was filed by his attorney indicating an additional payment of $5,000 in fees. On October 27, 2015, the U.S. Trust filed an “Agreed Motion to Dismiss Chapter 7 Case with Prejudice,” stating that the Debtor and U.S. Trustee had agreed to dismiss the main case and provide for a 24 month bar against refiling. The motion also indicates that Client had agreed to pay the administrative expenses incurred by trustee. Creditor Boswell objected to this motion. The Court set the matter for trial on September 22, 2016, but the Motion was withdrawn on September 16, 2016. On February 8, 2017, the Debtor’s attorney Eric Jacobs filed a notice indicating that Client had no objection to paying the trustee’s fees and attorney’s fees incurred in connection with the dismissal of the case, which exceeded $12,000. On February 9, 2017, the U.S. Trustee filed a new Motion to Dismiss Case, seeking a five year bar to refiling. On February 27, 2017, the Court granted the motion and the bankruptcy case was dismissed, and Client was barred from refiling a bankruptcy for five years. The case closed on April 7, 2017 without entry of discharge.