Case Studies
Prospective clients often ask about the kinds of cases Mr. Mickelson has worked on and how he has managed to secure money from debtors where other lawyers have failed. The following are two case studies which detail the facts and outcomes in two recent matters in which Mr. Mickelson was the attorney of record.
Getting The Parent Corporation to Pay Debts of the Subsidiary
Mr. Mickelson represented an attorney who was owed approximately $18,000 in unpaid fees from a former client. After litigation began, the ex-client hired counsel and filed a frivolous cross-complaint for malpractice against the attorney. A summary judgment motion was required to terminate the cross-complaint and to secure a judgment against the ex-client, at which point the attorney was awarded a judgment for more than $100,000 in attorney's fees on top of the original amount due.
The task at that point was collecting the money. The former client disappeared from sight and had no known assets. However, in addition to the former client, Mr. Mickelson had also included in the original lawsuit as a defendant a small corporation that had also secured legal services from the attorney. Once post-judgment discovery began, Mr. Mickelson learned that the subsidiary had transferred substantially all of its assets to its parent corporation (a motion picture production company) after entry of the judgment. Mr. Mickelson then made a motion to hold the parent corporation liable for payment of the judgment, and the court granted the motion. Mr. Mickelson then learned that the parent corporation had contracted with Netflix, Inc. for the rental of its movies. Mr. Mickelson subsequently served a levy upon Netflix to require it to pay over any monies due and owing to the parent. It turned out that Netflix did indeed did owe the parent corporation a substantial sum, and in the end the full judgment of more than $120,000, including costs, attorney's fees and interest, was recovered.
Collection Against a Defunct Limited Liability Company.
Mr. Mickelson represented investors who had invested a substantial sum in an LLC that was supposed to produce films. Instead, the money was taken and distributed to the LLC's members, but was never used to make even one motion picture. The investors sued and won an uncontested judgment for more than $500,000, but the trial attorney quickly determined that the LLC was defunct and without any known assets, and gave up on collection. Mr. Mickelson took over the case, and conducted post-judgment discovery. He discovered that the LLC, although it was merely a shell, was the sole owner of the rights to certain very lucrative motion picture projects. Mr. Mickelson levied upon several major studios which had contracted with the LLC regarding those projects. Over a period of several months after the levy, those studios paid out the entire amount of the judgment, plus interest, costs and attorney's fees.
Getting The Parent Corporation to Pay Debts of the Subsidiary
Mr. Mickelson represented an attorney who was owed approximately $18,000 in unpaid fees from a former client. After litigation began, the ex-client hired counsel and filed a frivolous cross-complaint for malpractice against the attorney. A summary judgment motion was required to terminate the cross-complaint and to secure a judgment against the ex-client, at which point the attorney was awarded a judgment for more than $100,000 in attorney's fees on top of the original amount due.
The task at that point was collecting the money. The former client disappeared from sight and had no known assets. However, in addition to the former client, Mr. Mickelson had also included in the original lawsuit as a defendant a small corporation that had also secured legal services from the attorney. Once post-judgment discovery began, Mr. Mickelson learned that the subsidiary had transferred substantially all of its assets to its parent corporation (a motion picture production company) after entry of the judgment. Mr. Mickelson then made a motion to hold the parent corporation liable for payment of the judgment, and the court granted the motion. Mr. Mickelson then learned that the parent corporation had contracted with Netflix, Inc. for the rental of its movies. Mr. Mickelson subsequently served a levy upon Netflix to require it to pay over any monies due and owing to the parent. It turned out that Netflix did indeed did owe the parent corporation a substantial sum, and in the end the full judgment of more than $120,000, including costs, attorney's fees and interest, was recovered.
Collection Against a Defunct Limited Liability Company.
Mr. Mickelson represented investors who had invested a substantial sum in an LLC that was supposed to produce films. Instead, the money was taken and distributed to the LLC's members, but was never used to make even one motion picture. The investors sued and won an uncontested judgment for more than $500,000, but the trial attorney quickly determined that the LLC was defunct and without any known assets, and gave up on collection. Mr. Mickelson took over the case, and conducted post-judgment discovery. He discovered that the LLC, although it was merely a shell, was the sole owner of the rights to certain very lucrative motion picture projects. Mr. Mickelson levied upon several major studios which had contracted with the LLC regarding those projects. Over a period of several months after the levy, those studios paid out the entire amount of the judgment, plus interest, costs and attorney's fees.