Representative Work

The problem. An attorney brought a nondischargeability action under 11 U.S.C. Section 523 (a)(2)(A) against a debtor in bankruptcy court over unpaid attorney’s fees claiming the debtor had committed fraud when obtaining legal services on a promise to pay in the future. The solution. Dave tried the case on behalf of the debtor and defeated the plaintiff in US Bankruptcy Court establishing that there was no fraud and discharging the debt. Read More

The problem. A bankruptcy trustee obtained thousands of dollars which should have been distributed to a debtor according to the terms of the trust. The bankruptcy trustee argued the money was the property of the bankruptcy estate because it was a bequest, devise or inheritance made within 180 days of filing the bankruptcy petition. The solution. Dave successfully moved the court to order the bankruptcy trustee to return all of the money to the debtor because the trust distribution was not property of the bankruptcy estate under the Bankruptcy Code and Minnesota law. Read More

The problem. A bankruptcy trustee claimed that funds held by a debtor and to be paid to the debtor in the future under an employment discrimination settlement were not exempt. The solution. Dave substituted as counsel for the filing bankruptcy attorney and convinced the bankruptcy judge at an evidentiary hearing that the funds were exempt under 11 U.S.C. § 522(d)(11)(E). Read More

The problem. A homeowner, trust beneficiary and sister allowed her contractor brother — who was also the trustee — to completely remodel her house. The contractor/brother trustee failed to pay a subcontractor who then filed a mechanic’s lien on the house. The contractor brother also filed a lien. The solution. Dave successfully represented the homeowner who brought a cause of action for breach of fiduciary duty against the trustee/brother and ultimately resolved the matter in mediation. Read More

The problem. A personal representative of an estate was sued by the beneficiaries of a trust for civil theft, conversion, unjust enrichment, breach of fiduciary duty and accounting under a “constructive trust” theory. The solution. Dave aggressively defended the personal representative and, after limited discovery, resolved the matter through settlement without the need for mediation. Read More

The problem. A small employer was sued for workers compensation retaliation when a worker quit after filing a workers compensation claim. The solution. Dave positioned the case for settlement by conducting extensive discovery and engaging a private investigator. Dave’s client made a rule 68 offer of judgment and began to move for summary judgment when the plaintiff decided to accept the settlement offer instead of continue the litigation. Read More