Mark Campbell LawMark Campbell Law
Mark Campbell Law
  300 S. Harbor Blvd., Suite 700
Anaheim • California 92805
Mark Campbell Law
Mark Campbell Law
     
  Case Notes
 
     

LITIGATION

CLIENT DILEMMA:
Clients were defendants of a state court lawsuit ("Lawsuit") brought by a partnership ("Partnership") and one of its partners ("Partner"). While the Lawsuit was still pending, Partner filed an individual chapter 11 case. Clients looked to the Firm for a solution.

FIRM SOLUTION:
After gathering all the relevant facts, Mr. Campbell devised a strategy to obtain a dismissal of the Lawsuit without having to litigate any further. Mr. Campbell successfully disqualified the attorney for the Partnership due to a conflict of interest. Mr. Campbell then proceeded to obtain a court order dismissing Partnership as a plaintiff, since a partnership must be represented by an attorney to appear in court. Accordingly, the last plaintiff in the Lawsuit was Partner, whose interest in the Lawsuit was now owed by the Partner's bankruptcy estate. Thus, Mr. Campbell solicited the cooperation and assistance of the United States Trustee's Office to convert the chapter 11 case to one under chapter 7. Upon successfully doing so, a chapter 7 trustee was appointed, thus, removing Partner as the representative of the bankruptcy estate and its interests in the Lawsuit. At that time, Mr. Campbell negotiated with the chapter 7 trustee on behalf of Clients to purchase the estate's interest in the Lawsuit for a negligible amount. Finally, Mr. Campbell obtained an order from the state court dismissing the Lawsuit in its entirety.


 
Mark Campbell Law
Mark Campbell Law