Accomplishments

Cohen & Swanson Defeat Three Hundred Million Dollar Breach of Contract Claim

Mr. Swanson took on the law firm of Gary, Williams, Parenti, Finney, Lewis, McManus, Watson, & Sperando, LLP, a national law firm well known for its multimillion dollar verdicts and jet airplane, nicknamed "the wings of justice." Their, client, Natural Answers Inc., claimed that the parties negotiations constituted a contract and sued for more than three hundred million dollars Mr. Swanson and his client, said "No Contract." The U.S.District Court of Maryland, and the Fourth Circuit agreed. Click on the title to read the Fourth Circuit opinion.

Perfection of Security Interest in Automobile

Mr. Swanson successfully challenged the Bankruptcy Court decision regarding the timing of perfection of Automobiles in the State of Maryland. The U.S. District Court held that security interest in automobile is perfected upon delivery of security agreement and lien fee. Click on the title to read the U.S. District Court Opinion.

Cohen & Swanson Obtain Dismissal of TILA and Fraud Claims Alleged Against Bank.

When the Bank was sued for two million dollars, they came to Mr. Swanson and his firm for help. As a result of Cohen & Swanson's effort's the case was dismissed before the discovery stage. Click on the title  to read the U.S. District Court's opinion.

Cohen & Swanson Victory for Client Sets Precedent for Standard of Review of Insider Proof of Claims.

Mr. Swanson, successfully litigated at the trial level an objection to an insider's proof of claim claim resulting in the savings of over $300,000.00. Mr. Swanson also defended two appellate challenges on appeal resulting in the 4th Circuit issuing an opinion which holds that an insider's proof is subject to the strict scrutiny standard. Click on the title  to read the 4th Circuit's opinion.

Cohen & Swanson Prevent Chapter 7 Trustee from Abandoning Former Chapter 11 Debtor's Sale of Two Million Dollar Construction Project.

After Mr. Swanson and his secured creditor client worked diligently to obtain a sale of the Chapter 11 Debtor's housing construction project, the Debtor converted the case to a Chapter 7 proceeding before closing on the sale had occurred. The Chapter 7 trustee refused to close and instead attempted to abandon the Property. Mr. Swanson and his client challenged the Chapter 7 Trustee's antics and won. The Court held that the Chapter 7 Trustee could not stop what the Chapter 11 Debtor had started. Click on the title  to read the bankruptcy court's opinion.

Cohen & Swanson Defeat Chapter 7 Trustee's Challenge to Bank's Secured Claim of Garnished accounts.

The same Chapter 7 trustee challenged the Bank's validity of a lien against garnished bank accounts by challenging the pre-petition service of garnishments against the garnishees. Mr. Swanson and his client successfully defended this challenge and the validity of the Bank's lien. Click on the title to read the bankruptcy court's opinion.

Cohen & Swanson Obtain Jury Fraud Verdict Based on Clear and Convincing Evidence against Defendant - Judgment of $177,000.00 in Compensatory Damages and $150,000.00 in Punitive Damages Awarded to Client.

A yacht broker fraudulently stole $177,000.00 from Cohen & Swanson's client, after the client deposited this sum into the yacht broker's escrow account.  The client thought he was buying a boat.  However, the Yacht broker took the money and disappeared. Mr. Swanson traced his client's funds and teamed together to prove the fraud scheme. Not only were they successful against the Yacht Broker, they also obtained  a judgment  against the Yacht Broker's Assistant for aiding and abetting in the fraud.

 

Accomplishments are not to be construed as a gauge for success on future cases.