W&W Wins Denial of Discharge for Bankruptcy Fraud


(San Jose, California)

In a heavily contested adversary proceeding before the United States Bankruptcy Court for the Northern District of California, the Firm was victorious for its clients. 

The defendant debtor claimed that his lucrative real estate practice of many years mysteriously disappeared a few months before he filed for bankruptcy—while at the same time his girlfriend’s brand new real estate career suddenly began generating the hundreds of thousands in yearly real estate commissions that had previously been produced by the debtor. The Firm’s clients, both defrauded by him, sought to have his bankruptcy discharge denied under 11 U.S.C. 727, for making false statements to the Court and for concealing his income and assets from his creditors. 

Following a lengthy trial that lasted from July through November of last year, the Firm won complete denial of discharge: “That [the girlfriend]’s success coincided with [the Debtor]’s travails was not coincidental,” said Judge Charles Novack in his written opinion. 

Brian Kandel, head of our Insolvency & Financial Solutions Practice, teamed up with litigators Rich Walton and Sam Levy to prosecute the trial to a successful conclusion. 

“This outcome illustrates one of our Firm’s key strengths—and core philosophies,” says Litigation Department Chair Jim DeBardelaben.  “We are proud to have preeminent professionals in each of our various practice areas, who work together in interdisciplinary teams to deliver the results our clients expect.  I congratulate Brian, Rich, and Sam on this outstanding win.” 

Walton & Walton, LLP is a full service law firm that provides value driven solutions to our clients’ legal challenges, from our strategically located offices.  For more information on how we can assist you with your insolvency issues, please contact the head of our Insolvency and Financial Solutions practice, Brian Kandel, at (408) 391-3179, or BKandel@taxtriallawyers.com.