Case Results

Order Obtained Appointing a Receiver to Protect Client's Rights

A dispute arose following a client lender's loan of approximately $3.7 million to a borrower who used the funds to purchase a 103-unit motel. Following several years of mismanagement, the borrower defaulted in repaying all agreed upon sums due the lender. Arthur A. Small filed suit on behalf of the lender and immediately obtained the appointment of a receiver. Through the efforts of the receiver and Mr. Small, operation of the motel improved substantially leading to the immediate increase in revenues, a favorable sale of the property to a third party and recovery of most sums due the client.

Counsel Asserts Client's Rights to Return of Sums in Business Start Up Litigation

Arthur A. Small successfully obtained a prejudgment Writ of Attachment remedy securing $2.75 million of a $3 million claim brought by client. The case eventually settled without trial recovering more than $3 million of the client's money.

Creditor's Rights Protected in Chapter 11 Bankruptcy Case

Arthur A. Small successfully represented a local community bank in Chapter 11 Bankruptcy proceedings concerning a loan made by the bank and secured by a boat marina. Mr. Small's efforts led to recovery by the bank of the entire $2 million obligation.

Bank Prevails at Trial in Dispute Concerning Borrowers' Improper Transfer of Vehicles Securing Loan

Arthur Small and his banking client prevailed at trial involving a secured loan made to a borrower. The borrower defaulted on its loan to the bank; secretly transferred the vehicles pledged as security for the loan and then used the vehicles in a second related business. Small obtained judgment on behalf of its client in an amount representing the fair market value of the vehicles at the time of the secret transfer.

Client's Right To Payment Protected in Bankruptcy Case

Arthur A. Small II represented a food distributor client in a Chapter 11 Bankruptcy proceeding characterizing sums due the client by debtor as priority claims leading to the recovery of $250,000 or eighty-five percent of sums due client while similarly situated creditors recovered only an eleven percent dividend. In addition, client and debtor agreed to a post confirmation extension of a distribution agreement worth more than $3 million dollars to Mr. Small's client.

Martindale Hubbell | 2017