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Bankruptcy Case Results

Debtor had four investment properties in foreclosure and over $1,000,000 in debts.  Result - L&N filed bankruptcy, protecting Debtor from foreclosures; discharging her debts and paying only less than $10K back over three years.  L&N sues two aggressive mortgage companies for unlawful debt collection; both settled.

8:08-bk-07340; Pinellas County 08-5360-CO and 09-2684-CO


Debtor has over $1.2 million in total debt and was facing multiple foreclosure.  Result - L&N filed Chapter 13 bankruptcy protecting Debtor's assets from liquidation, paying a fraction of Debtor's debts back over a five year period.

8:08-bk-11397


Debtor came to L&N for bankruptcy consultation.  Attorney identified many unlawful, harassing calls at work.  Result - L&N files two state court creditor harassment lawsuits.  Cases settled.  Debtor uses proceeds to pay for bankruptcy attorneys' fees.

Pinellas County Cases: 09-3545-CO and 09-3543-CO


Debtor had $519,721.00 in commercial, unsecured debts; closely held family (service-based) business.  Result - L&N files Chapter 7 bankruptcy, discharging debts and protecting Debtor's assets.  L&N later files "zombie" debt collection lawsuit against creditor and debt collector trying to collect discharged debt.  Lawsuit settled.  

8:07-bk-02822 and Federal Case: 8:08-cv-206-EAK-EAJ


Debtor had $9,816,723.11 in commercial, unsecured debts; Debtor has $151,000.00 liquid assets held tenants by the entireties ("TBE") with spouse; Result - Debts discharged and TBE assets entirely protected.  Debtor gets fresh start to start new veteran owned business. 

8:09-bk-10040


Debtor retains L&N for Chapter 13 bankruptcy.  After retaining for BK, L&N identifies multiple aggressive debt collectors.  Result - two state court lawsuits filed and settled; net proceeds used by client to pay for bankruptcy. 

Pinellas County Cases: 08-5362-CO; 08-945-SC and 8:09-bk-06588


Debtor had $116,824 in unsecured debts and a $135,045 second mortgage.  Debtor was in default and facing foreclosure.  Result - L&N stops foreclosure, strips second mortgage off home and confirms bankruptcy plan paying a fraction of unsecured debts.  Debtor keeps home and does not have to pay second mortgage.

8:09-bk-04270; Pinellas County Case: 09-4636-CO


Debtor has $59,446.00 unsecured debts and non-exempt assets.  Result -- L&N protects Debtor's assets, discharges her debt and files an adversary proceeding against aggressive creditor and debt collectors harassing Debtor; Lawsuit settled.

8:09-bk-03822 and 8:09-ap-413-MGW


Debtor has $30,530.00 in unsecured debts.  Result - L&N discharges debts and protect possessions; Debtor gets "fresh start."  L&N files creditor harassment lawsuit two years later against debt collector who refuses take discharged debt off credit report.

8:07-bk-00475 and Pinellas County Case: 09-CC-4054


Debtor sued by bank for foreclosure on three South Beach Condos.  Result - L&N defended lawsuits and simultaneously negotiated short sales on all three properties; Debtor paid nothing to mortgage companies and avoided bankruptcy.   

Miami-Dade County Case No.'s: 08-10862-CA-10; 08-CA-29369; 09-62106-CA


Debtor called by debt collector lying about lawsuit filed and alleging police are coming to apprehend him at work; Debtor contemplates suicide; Result - L&N files suit against debt collector and underlying creditor alleging actual damages and seeking elimination of debt and attorneys fees.  Debtor avoids BK filing.

Pinellas County Case No.: 07-9839-CO


Debtor files for chapter 7 bankruptcy protection.  L&N claims mobile home as exempt using non-homestead exemption.  Trustee challenged Debtor's use of super personal property exemption.  Result - Debtor prevails and may use $5,000.00 super personal property exemption AND mobile home exemption.  No asset case. 

8:07-bk-08495


Debtor sued by bank for foreclosure.  Result - L&N moved to dismiss bank's case for failure to provide promissory note or prove standing to bring lawsuit; Result -- negotiated waiver of deficiency.  Debtor paid nothing to mortgage company and avoided bankruptcy.  

Pasco County Case No.: 08-CA-5463


Debtor sued by bank for foreclosure.  Result - L&N moved to dismiss bank's case for failure to provide promissory note; Result - L&N negotiated waiver of deficiency.  Debtor paid nothing to mortgage company and avoided bankruptcy.   

Hillsborough County Case No.: 08-CA-15965


Debtor was repeatedly called by debt collectors at work; As a result of calls, he was suspended and eventually fired; Debtor faced foreclosure due to loss of income caused by unlawful calls.  Result - L&N defends foreclosure and counter-sues for creditor harassment under the FCCPA.  Debtor lives in home mortgage free; results pending.

Pinellas County Case No.: 09-7440-CI


Client repeatedly called on cell phone by auto-dialer using a pre-recorded voice.  This is a case of mistaken identity.  Result - L&N files suit against unlawful collector and creditor under FCCPA, FDCPA and the TCPA seeking treble damages for unlawful calls. Case settled. 

Federal Court
8:09-cv-1712-AEP

 

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