BIG YEAR SO FAR AT CLG19-Aug-2013
BIG YEAR SO FAR AT CLG!
July 26 2013 – CLG wins big Trial in Bankruptcy Court.
Our clients sued an investment advisor for fraud and other misfeasance and malfeasance. The investment advisor filed for bankruptcy protection seeking to discharge our clients’ claims in addition to millions of dollars of other claims against him. We filed an adversary proceeding on behalf of our clients objecting to the discharge. In March, after a year of hard fought litigation, the case went to trial. The Court released its Order on July 26, 2013. In the Order, the Court found, among other things, as follows:
- “Defendant admitted during his testimony that he commingled the funds with his personal accounts.”
- “The spreadsheet [prepared by Defendant] shows the $950,000 from Plaintiffs going into the account and numerous checks written on the account ranging in dollar amounts from $30,063 to $160,000. Defendant states …the checks were likely to his personal RBC HELOC or personal Wachovia HELOC.”
- “Based on the evidence presented, the Court finds that the debt Defendant owes to Plaintiffs is non-dischargeable under section 523(a)(2)(A) based both on a false representation and a false pretense.”
- “The Court also finds that Defendant made the false representations in the June 11th email with the intention of defrauding Plaintiffs.
- “Indeed, Defendant’s emails during this time easily can be characterized as attempting to intimidate Plaintiffs into relying on Defendant to resolve the situation rather than relying on their attorney.”
- “…the Court finds Defendant created a false impression with intent to deceive…”
- “The Court finds that the debt owed to Plaintiffs is nondischargeable under section 523(a)(4) based on embezzlement.”
- “At trial, Defendant stated he wanted an impartial opinion whether he had engaged in any wrongful acts. The Court hopes this Order provides some guidance.”
SETTLEMENT OF COMMERCIAL DISPUTE
In 2011, we filed suit in Federal Court for our clients seeking to recover more than $1,000,000. Following discovery, this case was settled. The terms are confidential.
LEGAL MALPRACTICE CLAIM
Our client sued his former attorney and the law firm that bore his name. The suit accused Defendants of billing for work that was not done. Billing for work that was unnecessary. Unauthorized disclosure of privileged information, and other wrongdoing. During the pendency of the suit, the law firm split up and the attorney was disbarred in South Carolina and Georgia.
After much hard fought litigation, our client settled for an assignment of a judgment and money totaling $785,000.00.
NEW ATTORNEYS - SEE THEIR FULL BIOGRAPHIES FOR MORE INFO!
Michael Dunham became affiliated with CLG as Of Counsel in February of this year. Mike is an experienced litigator with expertise in Business Litigation, Family Law, and Landlord Tenant disputes.
Tracy T.K. Haff became an associate at CLG in June. T.K. was at Buckley Brown for about 10 years. T.K. is experienced in Business Litigation, Employment Law and Workers Compensation (Management).
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