Attorney Richard N. Gottlieb's Legal Cases

Bankruptcy and debt

 In re Coughlin (sub nom Coughlin v. Niiwin, LLC, et al.), 33 F.4th 600 (1st Cir., 2022)

May 06, 2022

OUTCOME: Successfully obtained reversal of adverse Bankruptcy Court decision by Direct Appeal to U.S. Court of Appeals for First Circuit

Successfully petitioned for Direct Appeal from adverse Bankruptcy Court decision, finding that Indian-sponsored Internet “payday lender” that violated Automatic Stay was immune from liability based upo ... n assertion of “tribal sovereign immunity” and successfully obtained reversal of Bankruptcy Court decision, based upon abrogation provisions of 11 U.S.C. § 106(a) made applicable by provisions of 11 U.S.C. § 101(27). Established definitive precedent on issue within the territorial jurisdiction of the First Circuit.

Chapter 7 bankruptcy

In re John S. Ng, Chapter 7, Case No.20-12273-FJB, Adv. Pro. No. 21-01013 (11/3/2021 and 3/25/2022)

Mar 25, 2022

OUTCOME: Successfully prevented creditor from obtaining exception or revocation of discharge twice.

Successfully defended both dismissal of Adversary Proceeding brought by Creditor with $175,000 judgment for non-dischargeability under Section 523(a)(2), (4) and (6), and subsequently, after bankruptcy ... case in chief was administratively closed, Motion by same Creditor to Reopen Case so as to initiate new adversary proceeding for revocation of discharge under Section 727(d).)

Bankruptcy and debt

In re Daisymae Deleveaux, B.R. _, Chapter 13, Case No. 16-13966-MSH (February 1, 2019)

Feb 01, 2019

OUTCOME: Bank forced to pay legal fees of $16, 200.00, Debtor's Objection to Bank's mortgage claim sustained, Court finds prior Loan Modification is in full force and effect.

Successfully obtained Order sanctioning bank for refusing to honor Mortgage Loan Modification with Debtor; Bank ordered to pay three (3) times the Debtor’s requested legal fees and expenses and Bank’s ... claim reduced by all accrued sums for interest, fees, and expenses incurred due to failure to appropriately respond to Debtor’s Counsel’s Discovery Requests.

Chapter 7 bankruptcy

In re Muller Victor, B.R. , Chapter 7, Case No. 17-11060-MSH (November 21, 2017)

Nov 21, 2017

OUTCOME: Creditor's Motion to Dismiss Denied

Successfully defended creditor’s attempt to dismiss Chapter 7 case under 11 U.S.C. § 707(a) for supposed lack of “good faith” as “cause” therefor, so as to preclude Debtor from avoiding judicial lien o ... f the same creditor based upon holding in case of In re Reinhold; Creditor’s Motion to Dismiss denied and Debtor’s Motion to Aoid the Fixing of creditor’s Judicial Lien Allowed

Chapter 7 bankruptcy

In re Mark Reinhold, Chapter 7, Case No. 15-10976-FJB

Oct 12, 2017

OUTCOME: Motion to Dismiss Denied; Holding in Debtor's favor

Successfully defended Motion to Dismiss Client's Chapter 7 case filed by creditor claiming that the Debtor's case should be dismissed for lack of "good faith" but was, in reality, looking to indirectly ... overturn Client's claim of Homestead Exemption.

Bankruptcy and debt

In re Christian Nealon, Nealon v. Mathews (In re Christian Nealon), BAP NO. MW 15-035, BR, (1st. Cir. BAP, 2016)

Jan 20, 2016

OUTCOME: Successfully defended homestead exemption; Client retain interest in entirety of home

Successfully reversed on appeal bankruptcy court decision limiting the Debtor’s claim of exemption under Massachusetts Homestead Statute, Mass. Gen. Laws Ch. 188, § 1, et seq., based upon erroneous app ... lication of law to facts of the case.

Bankruptcy and debt

 Lawrence v. Osula (In re Osula), 519 B.R. 361 (Bankr. D. Mass., 2014)

Jul 30, 2014

OUTCOME: Client obtained non-dischargeability Judgment for $62,000

Successfully obtained $62,000 judgment of non-dischargeability after six (6) day trial based upon Debtor’s embezzlement of funds from plaintiff under 11 U.S.C. § 523(a)(4).

Bankruptcy and debt

Bellas Pavers, LLC v. Stewart, (In re Stewart), _B.R._, Slip Copy 2012 WL 292440 (1st Cir. BAP, 2012)

Mar 12, 2012

OUTCOME: Decision for Client; Affirmed on Appeal

Successfully defended award of Judgment on Partial Findings under Rule 52(c) in favor of Debtor-Defendant in Bankruptcy Court below in exception to discharge case under 11 U.S.C. § 523(a)(2)(A) in appe ... al to Bankruptcy Appellate Panel for the First Circuit

Bankruptcy and debt

In re Ladevereaux, Slip Copy, 2006 WL 549239 (Bkrtcy.D.Mass., March 6, 2006)

N/A

OUTCOME: Decision for Client

Successfully disgorged $5,700 from predecessor counsel under 11 U.S.C. § 329(a) and (b) based on knowing and intentional failure to disclose additional compensation received by him from debtor and debt ... or’s mother; Predecessor counsel was ultimately disbarred by the Massachusetts Board of Bar Overseers.

Richard N. Gottlieb's Legal Cases (9)

 In re Coughlin (sub nom Coughlin v. Niiwin, LLC, et al.), 33 F.4th 600 (1st Cir., 2022)

In re John S. Ng, Chapter 7, Case No.20-12273-FJB, Adv. Pro. No. 21-01013 (11/3/2021 and 3/25/2022)

In re Daisymae Deleveaux, ______ B.R. _______, Chapter 13, Case No. 16-13966-MSH (February 1, 2019)

In re Muller Victor, ____________B.R. ____________, Chapter 7, Case No. 17-11060-MSH (November 21, 2017)

In re Mark Reinhold, Chapter 7, Case No. 15-10976-FJB

In re Christian Nealon, Nealon v. Mathews (In re Christian Nealon), BAP NO. MW 15-035, ____BR____, (1st. Cir. BAP, 2016)

 Lawrence v. Osula (In re Osula), 519 B.R. 361 (Bankr. D. Mass., 2014)

Bellas Pavers, LLC v. Stewart, (In re Stewart), _____B.R._____, Slip Copy 2012 WL 292440 (1st Cir. BAP, 2012)

In re Ladevereaux, Slip Copy, 2006 WL 549239 (Bkrtcy.D.Mass., March 6, 2006)

In re Daisymae Deleveaux, B.R. _, Chapter 13, Case No. 16-13966-MSH (February 1, 2019)

In re Muller Victor, B.R. , Chapter 7, Case No. 17-11060-MSH (November 21, 2017)

In re Christian Nealon, Nealon v. Mathews (In re Christian Nealon), BAP NO. MW 15-035, BR, (1st. Cir. BAP, 2016)

Bellas Pavers, LLC v. Stewart, (In re Stewart), _B.R._, Slip Copy 2012 WL 292440 (1st Cir. BAP, 2012)