CHAPTER 13 | ADVERSARY PROCEEDING | TRIAL WIN | 2021
Represented an individual debtor in a Chapter 13 case (Case No. 21-50227) in the U.S. Bankruptcy Court for the Northern District of California, San Jose Division. The Chapter 13 filing stayed pending pre-petition litigation against the debtor, and the firm then obtained confirmation of a Chapter 13 plan on November 2, 2021 that paid a 7% dividend to general unsecured creditors.
In parallel with the main case, the firm represented the debtor in a related adversary proceeding (Adv. Proc. No. 21-05030) brought against the creditor-defendants. The firm prevailed at trial and obtained a judgment in favor of the debtor — converting the Chapter 13 filing from a purely defensive reorganization into an affirmative trial victory against the very creditors who had been pursuing the debtor in state court.
Result: Chapter 13 plan confirmed (Nov. 2, 2021); prevailed at trial in adversary proceeding; judgment entered in favor of debtor against creditor-defendants
U.S. Bankruptcy Court, Northern District of California — San Jose Division
Amended Memorandum Decision After Trial
