Law Offices of Raymond H. Aver, A Professional Corporation

Our client received distributions totaling $117,828 when his employment with a major oil company terminated. Our client’s tax return did not include the distributions, and he later lost all the money in some real estate investments. The Franchise Tax Board assessed our client for the tax due, penalties, and interest. On the eve of wage garnishment proceedings, the Aver Firm was able, through a chapter 13 bankruptcy filing, to obtain a discharge of the tax liability through a three-year payment plan of the portion of the tax liability entitled to priority under the Bankruptcy Code.

Our client, a well-established law firm, represented an individual through trial. After an adverse judgment, the individual engaged in a series of transfers. For example, he provided junior deeds of trust to his relatives who had lent him money. He also sought to transfer some of his business assets to an associate. Without consulting our client, the individual retained another attorney and filed a chapter 7 bankruptcy petition. The Chapter 7 Trustee sued our client for, among other things, to avoid and recover fraudulent and preferential transfers, for a constructive trust, injunction, accounting, and turnover, for damages for breach of fiduciary duty, and for damages for dual representation of adverse interests by an attorney. The Aver Firm defended the lawsuit. During the pendency of the action, the Chapter 7 Trustee offered to settle the case for $100,000.

The Aver Firm was able to ultimately negotiate a dismissal without its client having to pay any money other than its own attorneys’ fees and costs.

The Aver Firm filed a chapter 7 bankruptcy petition for an individual who had significant credit card debt. One of his creditors was a former co-owner of some real property with the debtor and a third individual. That creditor sued the debtor to have the debt owed to her determined to be non-dischargeable on the basis of fraud. The Aver Firm was able, after engaging in minimal discovery, to obtain summary judgment in our client’s favor.

Our client’s loan was secured by an all-inclusive third priority deed of trust. The debtor disputed the debt to our client, which resulted from the sale of the underlying real property by our client to the debtor. The Aver Firm engaged in variety of actions designed to protect its client’s interest, such as objecting to the debtor’s use of cash collateral, request for insider compensation, request to establish a deadline for the debtor file a disclosure statement and plan of reorganization. When the debtor sought debtor-in-possession financing, the Aver Firm orchestrated an agreement among the debtor, the first priority trust deed holder, and its client resulting in the client receiving 100% of its claim.