Dylan Todd and Lee Gorlin recently prevailed on summary judgment contesting a judgment-debtor’s Chapter 7 bankruptcy filing.
The victory stems from Dylan’s representation of a mortgage company in a predatory banking, discrimination and Truth in Lending Act case filed in federal district court beginning four years prior. The case involved the procurement of a mortgage on a new home purchase and concluded when Dylan won a motion for case concluding sanctions for discovery violations committed by the debtor. As part of the win, the Court declared the plaintiff a vexatious litigant, and they were ordered to pay the principal sum of $189,908.65 plus applicable interest in legal fees.
As soon as Dylan and Lee began collections proceedings on behalf of our client, the plaintiff filed for bankruptcy.
Acting swiftly, Dylan and Lee moved to have the entire sum of the attorney’s fees award declared as non-dischargeable through Chapter 7 under federal bankruptcy statutes in an adversarial proceeding. Because the plaintiff’s debt was an award of attorney’s fees incurred due to their willful and malicious conduct, Dylan and Lee argued that the amount should be excepted from discharge as a result of their behavior deemed vexatious by the court.
As a result, the court agreed that the sanctions order for attorney’s fees was non-dischargeable under 11 U.S.C. § 523 (a)(6) and granted a motion for summary judgment in favor of our client.
Dylan concentrates his practice in insurance coverage and bad faith litigation, SIU and RICO, professional liability and malpractice defense, employment litigation and counseling and product liability matters.
Lee concentrates his practice in insurance coverage and bad faith litigation, general and malpractice defense and appellate advocacy.