In September 2011 trial attorney Daniel Corley of McGrath Law Firm represented a real estate investor in litigation involving debts owed on real estate transactions. Client was awarded a judgment after trial in the amount of $1,628,867.00 plus statutory interest in the amount of $52,230.00 and attorney’s fees in the amount of $13,851.00 for a total of $1,694,948.88.
This case involves unique circumstances. In 2009 the United States Bankruptcy Court issued a default judgment on three separate debts owed by the Defendants to Plaintiff and found that the debts were not dischargeable. That the Plaintiff brought an action to enforce the judgment in the Superior Court of New Hampshire. The Bankruptcy Court entered the judgements as a result of the debtors’ failure to comply with Court Orders and appear at scheduled hearings. The issue before the Superior Court was whether or not the Superior Court had the jurisdiction to enforce the Bankruptcy Court Default Judgment. It was determined that the Superior Court had the ability to enforce the default judgment on liability only, i.e., that the Defendants were responsible for the debts. The Superior Court then set the matter down for a trial on damages. That after hearing testimony, and evidence, damages were awarded to the Plaintiff.