Tallahassee, FL
Bankruptcy and debt Lawyer at Tallahassee, FL
Practice Areas: Bankruptcy & Debt, Chapter 7 Bankruptcy ... +5 more
OUTCOME: Adverse to Debtor; voluntarily dismissed while considering appeal.
Calculation of minimum distribution to unsecured creditors when above-median-income Debtor receives a raise immediately prior to filing Chapter 13.
OUTCOME: Win for the good guys!
Defended pre-petition transfer against allegations of fraud. Sanctions awarded against Trustee-Plaintiff's attorney (sanctions reversed on appeal for technical/ notice reasons).
OUTCOME: Debtor favorable
Debtor's third filing in one year. Automatic stay imposed after emergency hearing to prevent foreclosure. On rehearing stay remained, Debtor had shown change in circumstances to justify stay even on ... emergency basis.
OUTCOME: Debts discharged, but mortgage enforced.
Complex case alleging fraud and other misconduct by Debtors. Debtors allegedly promised mortgage against their residence to induce final loan by plaintiffs. Because a Florida mortgage is not governed ... by our Statute of Frauds promise was held enforceable and mortgage imposed, but debts otherwise discharged.
OUTCOME: Credit counseling is required of all Debtors even when spurious.
Credit counseling mandatory even when emergency filing to prevent imminent foreclosure means requirement is superfluous.
OUTCOME: Claim disallowed.
If creditor fails to give notice of redemption period required by UCC then it holds no claim against the Debtor that can be paid in Chapter 13.
OUTCOME: Disparate treatment to co-signed claims allowed.
Sets out requirements to pay co-signed debts under a Chapter 13 Plan to the prejudice of other creditors.
OUTCOME: Anticipated the "Till" case correctly; adjusted interest rates under Chapter 13 Plans.
Correctly anticipated the US Supreme Court ruling in In re: Till. Using the Second Circuit case (Valenti), Judge Killian ruled that the interest rate for repayment of a claim under Chapter 13 was the ... Treasury Bill rate plus a small risk factor.