THE LAW OFFICES OF CRAIG B. LEAVERS, LLC

●  State Court Litigation Matters

 

○  served as court-appointed receiver for pizza and subs business, liquidating the business and successfully prosecuting negligence, conversion and breach of fiduciary duty claims against the officers of the company;

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○  represented local bank in lien priority dispute, successfully reinstating lien as a first priority lien that bank unintentionally released;

 

○  represented national bank in lawsuit filed by court-appointed guardian, wherein the guardian sought to avoid/rescind a home equity loan obtained by the guardian’s ward, as well as the deed of trust securing that loan, based on allegations that the guardian’s ward did not have the mental capacity to contract; 

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○  represented seller of a full-service restaurant and wholesale bagel and bakery business in a lawsuit brought by buyer alleging breaches of the parties’ Real Property and Assets Purchase Agreement;

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○  represented Pontiac, GMC, Subaru service dealer in lawsuit wherein limousine service sought damages for loss of business due to alleged negligent repairs;

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○  represented hazmat packaging and crating company, successfully defending administrative proceeding brought by former employee alleging wrongful termination;

 

○  represented commercial heating and air conditioning company in lawsuit against new owner of commercial building and its property management company for wrongful termination of and money due and owing under service/repair contract entered into with prior owner of building;

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●  Bankruptcy Litigation Matters

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○  represented Chapter 7 trustee of smart home technology companies, obtaining judgments in favor of trustee and against officers of debtors for fraudulent conveyances, conversion, and breach of fiduciary duty;

 

○  represented local bank in Chapter 11 proceeding, converting the case to one under Chapter 7 and obtaining relief from the automatic stay where Chapter 11 debtor misappropriated bank's cash collateral in violation of court order;

 

○  represented local bank in adversary proceeding, successfully objecting to the discharge of Chapter 7 debtor, who owed local bank $1.6 million, for omitting assets and misrepresenting income on bankruptcy schedules;

 

○  represented local bank in adversary proceeding, successfully defending bank in lender liability lawsuit removed from  Baltimore City Circuit Court to the United States Bankruptcy Court for the District of Maryland wherein the corporate debtor and individual guarantors sought $4 million in damages against bank;

 

○  represented seller of a boat brokerage company in adversary proceeding, successfully objecting to the dischargeability of debt owed to seller by Chapter 13 debtor/buyer of the company on the grounds of defalcation, fraud, embezzlement, and breach of fiduciary duty;

 

○  represented local bank in Chapter 11 proceeding of holding company that owned residential rental properties, successfully obtaining order excusing bank’s pre-petition, court-appointed receiver from the turnover requirement

of 11 U.S.C. § 543(a) and (b);

 

○  represented local bank in Chapter 13 proceeding, successfully defending objection to proof of claim and obtaining equitable servitude where debtor alleged, among other things, that she did not sign the loan documents underlying bank’s secured claim;

 

●  Appellate Matters

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○  represented Chapter 7 trustee in an appeal before the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit, obtaining affirmation of the Bankruptcy Court’s judgments in favor of the trustee in a fraudulent conveyance case;

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○  represented secured lender in an appeal before the United States District Court for the District of Maryland, obtaining affirmation of the Bankruptcy Court’s order terminating the automatic stay and converting Chapter 11 bankruptcy case to one under Chapter 7;

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○  represented judgment creditor in an appeal before the United States District Court for the District of Maryland and the United States Court of Appeals for the Fourth Circuit, challenging the Bankruptcy Court’s finding as to the value of an avoided and preserved lien under 11 U.S.C. § 551;

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○  represented national bank/substitute trustees, presenting oral argument before the Maryland Court of Special Appeals and obtaining affirmation of the Circuit Court’s denial of a request for injunction of a foreclosure sale and the denial of an objection to the ratification of that sale based on alleged violations of the Home Affordable Modification Program;

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○  represented national bank/substitute trustees, presenting oral argument before the Maryland Court of Special Appeals in seeking affirmation of Circuit Court’s order forfeiting deposit tendered by defaulting purchaser of property at foreclosure sale.

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