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.
1.6 million awarded after trial
1.6 million awarded after trial
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.
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About McGrath Law Firm
The McGrath Law Firm is a full-service law firm dedicated to providing zealous representation of its clients throughout New Hampshire. Client satisfaction is the number one goal of the McGrath Law Firm, and we strive to reach this goal by following three fundamental principles:
Efficiency
We take pride in tailoring the most effective yet cost-conscious legal solutions for our clients. The most important aspect of our business is stewardship to our clients, and we strive to completely understand our clients’ needs in order to develop a “partnership” into the future.
Excellence of Work Product
Regardless of the practice area, every matter brought to an attorney requires a certain knowledge base, experience, and strategy. With our broad range of targeted services and dedication to the legal profession, our goal is to provide the highest quality of legal services through written word, oral argumentation, or other avenues of representation.
Zealous Representation
We will make every reasonable attempt to resolve your legal issues through negotiation and other litigation alternatives. However, we realize that this is not possible in every case, and in these situations, we are prepared to zealously litigate your case before a judge and jury.
We invite you to continue browsing our website for additional details on our firm and practice areas.
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Commonly Asked Questions About Divorce:
1. I got married in Massachusetts. Can I file a divorce in New Hampshire? Yes. No matter where you got married, you can file a divorce in New Hampshire if either you or your spouse has lived here for the past 6 months.
2. I want a divorce, but my husband/wife won’t let me. Can I still get one? Yes. New Hampshire law allows one spouse to file and list “irreconcilable differences” as sufficient grounds to terminate a marriage. Thus, you don’t need the other party’s permission.
3. How much is child support? It is a calculated amount based on both parents’ income. We can help you calculate it. We can run the numbers and guide you on how it can be varied due to your specific situation.
4. How much with my divorce cost? It depends. Call us to discuss. Could be as low as $750.00.
5. I filed for divorce. Now what? After you file the Petition for Divorce, and you properly serve the other side, they have approximately 30 days to respond. Because the divorce takes months to finalize, it is a good idea to request a temporary hearing and seek temporary orders. This is a particularly good idea when one party has already moved out, and you have conflicts regarding custody and parenting, and support, and restraining orders. These temporary orders will remain in place until a final Judgment is entered. After temporary orders are issued, the parties will engage in “discovery process” where you exchange thorough documentation. After everything such as property values, debt, earnings, etc. are made known, the parties will try and settle the case. If the case does not settle, it will go to trial. Remember, the divorce is not final until the final Judgment is entered.
