CONSULTATION ATTORNEY FOR SMALL BUSINESSES AND INDIVIDUALS
Represented property owner in an action against his real estate broker for churning multiple loans and convincing him to short sell his property to straw buyer, leaving the property owner with no title to his family home and a deficiency in excess of $350,000 owed to the second lien holder. The matter was successfully settled, with the second lien holder being paid off by real estate broker and the family home being transferred back to the property owner.
Represented commercial tenant who was incorrectly sued by former landlord for a corporate debt obligation in excess of $100,000 based upon uncollected future rents in exchange for prematurely terminating lease. After filing a cross-complaint for reformation of contract on behalf of commercial tenant, the Landlord dismissed the lawsuit, with no money exchanged.
Represented borrowers who paid off two loans on two properties that they had entered into with lender who refused to reconvey property back to clients and expunge debt. A quiet title action was brought against the lender. Successfully negotiated resolution of the case, where the lender waived any interest in the property and provided for full recoveyance for both properties.
Represented plaintiff brother who loaned money to his brother and sister-in-law to save brother’s home from foreclosure without securing a promissory note or deed of trust. After the home was saved from foreclosure, the brother and sister-in-law refused to pay plaintiff back and put the house on the marker for sale. A lawsuit of imposition for equitable lien and breach of contract was filed on plaintiff’s behalf and quickly thereafter a quick resolution of the case ensued with the plaintiff obtaining the full loaned amount from disbursement from escrow as settlement.
Represented defendant CFO against bank who sued CFO and various defendants including the CEO and President of a Construction Company in excess of $40,000,000 for breach of contract and various intentional torts alleging wrongful diversion of loan proceeds to the Construction Company’s CEO and President. Defendant CFO successfully obtained a settlement agreement for nuisance value.
Represented financial advisor in a FINRA Dispute Resolution Arbitration against retail securities brokerage. The matter settled.
Represented a skilled nursing facility corporation in a successful Chapter 11 in which a plan for reorganization was confirmed with over 20 large unsecured creditors. Negotiated cash collateral issues, entered into stipulations to assume three unexpired leases, resolved Quality Assurance Fee Dispute with the Department of Health Care Services, successfully resolved a creditor’s Motion to Compel Debtor to assume or reject contract and successfully restructured the secured priority and unsecured trust fund tax delinquency claims owed to the Internal Revenue Service, allowing skilled nursing facility to successfully emerge out of Chapter 11 Bankruptcy.
Represented an individual investor who owned multiple apartment complexes and single family residence in a successful Chapter 11 in which a plan for reorganization was confirmed, which resulted in Debtor retaining most of his properties.
Represented business owner against Chapter 13 Debtor who claimed that he was a partner with the Creditor. Debtor filed an Adversary Proceeding against Creditor contending he was a 50% shareholder of the company and thus is entitled under California law to half of its assets, valued at over $150,000. Creditor denied that the Debtor’s Adversary Proceeding was Core and asked that the Court to abstain from hearing this adversary proceeding under 28 U.S. Code § 1334(c)(1). After carefully considering the parties’ positions, the court determined that other than the fraudulent conveyance claim (for which there was identical relief under a separate California statute, Debtor’s claims were non-core matters that existed independent of his rights as a Chapter 13 debtor, making abstention appropriate.
Represented Creditor Buyer against Debtor Seller in adversary proceeding related to a failed purchase of an automobile dealership by Creditor who was also Debtor’s partner. Debtor failed to repay the Creditor the $700,000 note that was secured by the dealership property which he promised to pay, failed to repay Creditor on the settlement agreement that was reached in state court, despite having money in excess of the settlement amount at the time, and failed to pay the Creditor all the money he put into the dealership if the purchase fell through, for whatever reason. Obtained a favorable stipulated judgement in the amount of $650,000 for nondischargeability of debt pursuant to 11 U.S. Code Section 523(a)(2)(A) based on fraud, 11 U.S. Code Section 523(a)(4) based upon defalcation, and 11 U.S. Code Section 523(a)(6) based on willful and malicious injury.
Represented sellers of single family residence against buyers who alleged various torts relating to selling alleged failure to disclose material facts affecting the value or desirability of the property sold to the buyers. After making contact with the buyers, the parties came to a mutually agreeable settlement agreement on the matter.
Represented apartment complex owner against buyer who alleged non-disclosure of certain material facts affecting the value or desirability of the apartment surrounding a tenant at the property who allegedly was a drug dealer, and the sellers alleged failure to disclose the neighbor owners’ complaints surrounding said tenant.