Lisa Roccanova recently won a Motion to Dismiss on a defendant’s counterclaim, directly resulting from her Oral Argument at an Evidentiary Hearing in the Cook County Court’s Chancery division. Her client was the plaintiff in a mechanics lien and breach of contract case. The defendant subsequently filed a counterclaim. After settling the mechanics lien portion of the case, the defendant filed for bankruptcy listing the breach of contract case as a liability, but failing to list his counterclaim as an asset.
Lisa argued to the court that the case should be dismissed as the defendant had presented conflicting evidence as to whether there was an intent to deceive or mislead in the handling of the counterclaim. During the evidentiary hearing, Lisa cross-examined the defendant about the initial filing and the subsequent amendment of his bankruptcy schedules, his communications with his bankruptcy attorney and state court attorney, pointing out the numerous inconsistencies he presented to the bankruptcy Court and in the underlying case.
The court found that the defendant had taken two positions that were factually inconsistent and concluded that the evidence showed the defendant attempted to mislead the Court and the Bankruptcy court multiple times. The Court granted the motion to dismiss and the defendant’s counterclaim was dismissed with prejudice.
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