court

St. Clare’s pensioners want lawsuit against Albany Diocese restarted after bankruptcy filing

The legal team representing the St. Clare’s Hospital pensioners has filed a motion requesting the case be sent back to state court.

In March, the Diocese of Albany announced it was filing for bankruptcy. Bishop Ed Scharfenberger insisted that the diocese didn’t see any other alternative, after settling 50 of over 400 cases brought under the Child Victims Act.

The filing put a hold on the lawsuits involving 1,100 St. Clare’s pensioners who worked at the former hospital in Schenectady. They lost some or all of their retirement savings when, in March 2019, the St. Clare’s Corporation petitioned the state Supreme Court to dissolve, claiming it had run out of money.

Six months later, a group of advocates, including the Legal Aid Society of Northeastern New York and the AARP, filed a lawsuit against the Diocese seeking damages for the pensioners.

In late 2022 a judge ruled the pensioner’s should merge with one filed in May by the Attorney General’s office.

Meryl Grenadier is a Senior Attorney at AARP Foundation.

“Our clients are what is considered, what is called ‘unsecured creditors’ in the bankruptcy proceeding,” said Grenadier. “And in order to obtain any money out of the bankruptcy

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May 13, 2023 by ATTORNEY

Minnesota Supreme Court approves disbarment of attorney after fraud conviction in bankruptcy scheme – Bemidji Pioneer

ST. PAUL — The Minnesota Supreme Court has approved an agreement disbarring former Willmar, Minnesota, attorney Gregory Ron Anderson from the practice of law for his felony conviction of fraud.

Gregory Anderson

Gregory Anderson

The Supreme Court issued a news release Tuesday, Jan. 3, stating that it had issued an order Dec. 30 in which it approved the disbarment as sought in a petition from the director of the Office of Lawyers Professional Responsibility for Anderson’s alleged professional misconduct.

Anderson, 63, was sentenced in U.S. District Court in St. Paul on Dec. 7 to serve 18 months in prison for a conviction of fraud in the bankruptcy proceedings of former Kerkhoven Mayor James Rothers. Anderson must also serve a year of supervised release following his prison term and pay fines of $20,000.

The federal court found that Anderson had created fake liabilities to create the appearance that Rothers was insolvent when, in fact, Rothers could easily have paid all of his creditors, according to information from the U.S. District Attorney’s office.

Rothers pleaded guilty to fraud Dec. 13 and is serving two years of probation.

Anderson had agreed as part of a plea agreement in his case to voluntarily accept disbarment.

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January 13, 2023 by ATTORNEY

Former state senator files bankruptcy in effort to get out of jail for child support non-payment

Jeremy Hutchinson on Friday, his second day in jail, filed for voluntary bankruptcy and appealed the contempt order that incarcerates him indefinitely to the Arkansas Supreme Court, measures that should get him out of jail within a week at most without having to pay $524,000 in child support arrears for his freedom, his lawyer said Friday.

Clinton Lancaster, the Benton lawyer who brought a successful paternity action in Independence County against presidential son Hunter Biden, took on Hutchinson’s case Friday. Lancaster said Hutchinson’s Chapter 13 bankruptcy declaration carries a federal stay of the state-court divorce proceedings that landed Hutchinson in jail on Thursday.

“You can’t put people in jail for their debts once they file for bankruptcy … so [release] is a matter of time,” Lancaster said, describing Hutchinson’s incarceration as “debtor’s prison.”https://www.arkansasonline.com/news/2022/dec/31/former-state-senator-files-bankruptcy-in-effort/”We want to make it clear that Jeremy is not running from having to pay his debts. He has incurred a lot of judgments and things of that nature and he just needs relief.”

Bankruptcy will allow Hutchinson, 48, to discharge some portions of the divorce-related debt ascribed to him by the court, but not what he owes in child support and not whatever financial penalties he incurs

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January 5, 2023 by ATTORNEY

Bankruptcy judge denies Chris Pettit’s bid to get out of jail

SAN ANTONIO — Christopher “Chris” Pettit will remain in jail after a bankruptcy court judge ruled Wednesday that the disgraced former lawyer had not done enough to clear himself of a contempt of court charge.

Telling Pettit he holds the keys to his jail cell, Chief U.S. Bankruptcy Judge Craig Gargotta set 17 conditions the ex-attorney must satisfy to be released. First on the list is that Pettit turn over a business laptop to the trustee administering the bankruptcy estate. Pettit has given conflicting accounts regarding its whereabouts.

“It would really move things along if Mr. Pettit would come clean about what happened with regard to the laptop, good or bad, so we could move on in this case,” Gargotta said. The laptop purportedly contains information the trustee wants regarding Pettit’s clients and their funds.

“I’m not suggesting he say this, but if Mr. Pettit were to say, ‘I destroyed it’ … then if that really was the truth, then we would know … that as a result (the trustee and creditors are) not going to get that information,” the judge added. “Really, what’s at issue here is just saying where it is.”

On ExpressNews.com:

One of Chris Pettit’s largest

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November 13, 2022 by ATTORNEY

3M awaits bankruptcy ruling that could sink litigation tactic

3M’s attempt to block jury trials of more than 230,000 lawsuits accusing it of harming U.S. soldiers faces a key test this week in front of a federal judge in Indianapolis.

U.S. Bankruptcy Judge Jeffrey Graham is set to consider a temporary halt to the lawsuits so that 3M and its bankrupt subsidiary, Aearo Technologies, can try to settle the claims, most of which have been filed by veterans who say the combat arms earplugs left them with hearing damage.

Graham’s decision will echo across the offices of other firms facing massive numbers of product liability lawsuits, Harvard Law School professor Jared Ellias said in an interview.

“To the extent 3M suffers a setback here it’s likely to set off alarm bells in other corporate boardrooms of companies that want to take advantage of the bankruptcy system,” Ellias said.

The Aearo case uses an increasingly popular strategy in which profitable companies use insolvency proceedings to force settlement talks with victims of allegedly harmful products.

Johnson & Johnson and lumber giant Georgia-Pacific have also put units into bankruptcy with the same goal of ending their litigation woes in one place instead of fighting thousands of trials around the country.

Fighting each

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August 26, 2022 by ATTORNEY
May 2023
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