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

Practice Area: Bankruptcy / Debt

Date: January 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 application of law to facts of the case.

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

Practice Area: Bankruptcy / Debt

Date: July 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).

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

Practice Area: Bankruptcy / Debt

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 debtor’s mother; Predecessor counsel was ultimately disbarred by the Massachusetts Board of Bar Overseers.

In re Mark G. Reinhold, _________ B.R. ___________, Ch. 7 Case No. 15-10976-FJB, Lawyers Weekly No. 04-050-17 (Oct. 4, 2017)

Practice Area: Bankruptcy / Debt

Date: October 4, 2017

Outcome: Successfully defended Chapter 7 Debtor from Creditor’s Motion to Dismiss Chapter 7 Case

Successfully defended Chapter 7 Debtor from Creditor’s Motion to Dismiss Chapter 7 Case under 11 U.S.C. § 707(a) based upon alleged “bad faith”, so as to permit the creditors to circumvent the effect of 11 U.S.C. § 522(c) regarding Debtor’s claim of Homestead Exemption after Debtor waived his discharge of debts

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

Practice Area: Bankruptcy / Chapter 7

Date: November 21, 2017

Outcome: Successfully defended creditor’s attempt to dismiss Chapter 7 case

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 of the same creditor based upon holding in case of In re Reinhold; Creditor’s Motion to Dismiss denied and Debtor’s Motion to Avoid…

In re Karma, LLC, Chapter 11, Case No. 15-10107-JNF (December 2015)

Practice Area: Bankruptcy / Chapter 11

Date: December 9, 2015

Outcome: Successfully prevented landlord from terminating commercial lease with Client yoga studio and negotiated settlement with landlord

Successfully prevented landlord from terminating commercial lease with Client yoga studio and negotiated settlement with landlord as part of comprehensive Chapter 11 Plan of Reorganization and completed same in less than twelve (12) months from commencement to conclusion.

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

Practice Area: Bankruptcy / Debt

Date: January 1, 2012

Outcome: Successfully defended award of Judgment on Partial Findings under Rule 52(c) in favor of Debtor-Defendant in Bankruptcy Court

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 appeal to Bankruptcy Appellate Panel for the First Circuit.

LaBree v. Davis (In re Davis), 376 B.R. 66 (Bankr. D. Mass., 2007)

Practice Area: Bankruptcy / Debt

Date: January 1, 2007

Outcome: Successfully defended debtor in action brought by subrogee title insurance carrier

Successfully defended debtor in action brought by subrogee title insurance carrier for exception to discharge under 11 U.S.C. § 523(a)(2) and 523(a)(4) for allegedly failing to alert the closing attorney to a a defect in a title report regarding real estate that she previously sold.