Attorney Joshua Bovender Successfully Negotiates Non-Dischargeability Agreement Worth Nearly $900,000.00
December 10, 2020
Josh Bovender, a partner in TT&H’s new Camp Hill office, represented a national, highly-respected lumber supplier in ligation against a large Pennsylvania home designer. Josh’s client was harmed following the home designer’s fraudulent procurement of construction materials and misrepresentations of its solvency. After Josh obtained multiple six-figure judgments against the home designer and its principals, the company and its owners filed bankruptcy to escape their liabilities to Josh’s client. Josh immediately initiated a three-count adversary action to prevent discharge of the sizeable $892,367.00 debt. Josh alleged that the massive debt could not be discharged under the United States Bankruptcy Code as the Defendants grossly misrepresented their financial position.
A Motion by the Defendants to dismiss the adversary action was promptly denied and the Defendants agreed to resolve the matter shortly thereafter. Josh successfully negotiated a settlement whereby every dollar of the debt owed to his client was deemed non-dischargeable. Commenting on the outcome, Josh stated: “I am very pleased with this result. The Bankruptcy Code may be designed to give debtors a fresh start, but it cannot be interpreted as providing safe harbor to debtors that have perpetrated fraud against their creditors.” He further stated: “In the end, settlement was acceptable because it achieved the exact result we sought, but avoided years of litigation that would have reached the same result.”
Josh focuses his practice on complex commercial civil litigation, general liability, transportation and construction matters. Josh can be reached at (717) 237-7153 or firstname.lastname@example.org.