David F. Devall | Saratoga Springs Divorce & Family Lawyer

• -State Bar of New York
  
  -State Bar of Florida

• -cum laude | Union College        

• No case is considered too minor or too major for our lawyers.

• IN RE TRUCKING, INC. (BANKR.N.D.N.Y. 1999)
  Debtor: Attorney for the debtor, Sentinel Trucking Inc. in their chapter 11 bankruptcy proceedings. The matter before the court was whether the secured creditor's demand for protection should begin on the date the debtor filed for bankruptcy or the date stipulated by the parties. Upon review of the case as well as the applicable legal statutes the judge found that there was no reason for the adequate protection payments to begin from the date of the petition being filed. It was ordered that the protection begin on the date originally agreed to by the parties involved.

• http://www.nynb.uscourts.gov/sites/default/files/opinions/Littlefield/okeefe0402.pdf
  "Attorney for the Defendant in a Bankruptcy case in which the Plaintiff (representative of the Estate of Eric Grey) holds that in 1981, the Debtor went into business with Eric Arnold Grey (“Grey”) selling retail and wholesale auto parts; each owned 50% of the company. In 1988, the Debtor bought out Grey’s interest in the auto business for a total of $350,000.Payment was secured by a promissory note dated July 28, 1988 (“note”) which provided forrepayment of the outstanding principal sum at $4,333 per month and a 10% interest rate. Grey died in June 1994. The Debtor testified at one of his depositions that he continued to pay on the note after Grey’s death and “never missed a payment” until October 1995 when the auto supply business closed. On September 17, 1997, Grey’s estate obtained a judgment in the amount of $343,671.86. Grey contends that the Debtor should not be granted discharge since he fraudulently transferred money. It was ordered that pursuant to 11 U.S.C. § 550(a) the Debtor and/or his wife turn over a total sum of $121,000 (court ruled fraudulent transfer amounts) to the Trustee."

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