Chris McDonagh is experienced at representing parties in litigation in court, as well as arbitration, mediation and informal settlement negotiations. His dispute resolution practice includes contract, business, real estate, and financing disputes; investors’ claims against company management; representing lenders and borrowers; and representing creditors in Bankruptcy Court (including claims that debts are non-dischargeable in bankruptcy).
If a dispute arises, Chris is prepared to represent and advise his clients in the manner that fits his clients’ needs and goals. Chris is prepared to take a case to trial when appropriate. Alternatively, when it is in his client’s best interest, he seeks to resolve disputes without lengthy litigation. Chris is experienced with resolving disputes, negotiating and developing creative “win-win” solutions, contract modifications, and workouts when that is in his clients’ best interest. He is also prepared to vigorously enforce and defend his clients’ rights in court and arbitration.
Chris McDonagh has been lead counsel or co-counsel in settlements and judgments of more than $11 million since 2006, including:
- Representation of Business and Real Estate Investors
- Representation of Lenders
- Representation of Borrowers
- Business and Commercial Disputes
Representation of Business and Real Estate Investors
Represented more than 150 plaintiffs (shareholders) as local co-counsel in litigation and settlement of multi-million dollar claims against the company they invested in and some of its directors and officers for securities fraud, misrepresentation, and breaches of fiduciary duty.
Represented investor in litigation and settlement of securities fraud, RICO, and aiding and abetting breach of fiduciary duty claims against insiders of bankrupt company in which my client had invested.
Represented investor in securities fraud, breach of fiduciary duty, and fraud litigation against manager of bankrupt company in which my client had invested. After the manager filed for personal bankruptcy, represented the investor in adversary action in Bankruptcy Court regarding whether the manager owed my client a debt that was non-dischargeable in the personal bankruptcy of the manager. The case settled shortly before trial.
Represented investor in litigation and obtaining $367,385 default judgment for joint and several liability of the corporation my client invested in, as well as the corporation’s officers that solicited the investment. The claims included breach of contract, unlawful sale of unregistered securities, securities fraud, consumer fraud, and negligent misrepresentation.
Represented real estate investor in settlement of lost rental income claim against insurer without litigation.
Representation of Lenders
Represented lender in litigation seeking declaratory judgment to reform a scrivener’s error because lender had mistakenly signed a release for a large, first position deed of trust (instead of for lender’s smaller, subordinate deed of trust that had been paid off). Reached settlement resulting in immediate cash payment of $500,000 to my client.
Represented secured lender in Chapter 11 bankruptcy of debtor. Reached stipulated agreement regarding disputed debt amount resulting in client’s recovery of $720,000 owed on the loans plus $25,000 attorney’s fees.
Represented lender in foreclosure and trustee sale of secured commercial property that resulted in lender recovering $550,000. Then represented lender in litigation and settlement of deficiency action against borrowers that resulted in payment to lender of nearly the entire deficiency within a few months after filing the deficiency action without a trial and with relatively low litigation fees and costs.
Represented secured lender in Chapter 11 bankruptcy of debtor. Reached stipulated agreement and Bankruptcy Court order to allow debtor to sell the secured property under 11 U.S.C. § 363 resulting in payment to my client of $577,996, which paid in full the debt plus attorney’s fees.
Represented lender in breach of contract and fraud litigation to recover deficiency owed following lender’s foreclosure of the property that secured the loan. Reached settlement resulting in a $210,000 judgment for my client against borrower (an LLC) plus a $110,000 judgment against the LLC’s manager for part of the amount owed. Pursuant to the settlement, my client received partial payment upon settlement, scheduled payments, and in addition to the judgment liens, both judgments were secured in part by new deeds of trust on real estate.
Represented lender in adversary action in Bankruptcy Court and established that the judgment owed to my client by the manager of the LLC that had borrowed money from my client was non-dischargeable in the personal bankruptcy of the LLC manager. The case was settled before trial with the LLC manager’s stipulation and Bankruptcy Court order that the entire amount of the debt the LLC manager owed my client is non-dischargeable under 11 U.S.C. § 523(a)(2)(A) and/or 11 U.S.C. § 523(a)(4).
Represented secured lender in Chapter 7 bankruptcy of debtor. Reached stipulated agreement allowing my client to repossess $327,000 of equipment that secured the debt.
Represented lender in litigation to recover unpaid loan from the borrowers (an insolvent corporation and its controlling shareholder). Reached $85,000 settlement fully secured by a new deed of trust on the controlling shareholder’s primary residence, which resulted in client’s receipt of the $85,000.
Representation of Borrowers
Represented a borrower against a bank that had wrongfully declared my client in default of a construction loan and charged a $14,000 prepayment penalty when he obtained a replacement loan from a different lender. Settled the case without having to file a lawsuit, resulting in the bank refinancing my client’s $586,425 loan balance at a lower interest rate and paying my client $39,284 (for a wrongly charged $14,000 prepayment penalty and my client’s attorney’s fees).
Business and Commercial Disputes
Represented international produce importer/distributor in litigation and $143,771 settlement of claims against international grower/exporter.
Represented international produce importer/distributor in litigation and settlement of claim against another international produce importer/distributor.
Represented client in settlement of a partnership and distributorship dispute without litigation.
Represented medical professional in settling dispute with vendor of online billing and electronic medical records services.
Disclaimer: Past successes do not guarantee future results. The facts and circumstances of your case may differ from the matters in which results have been provided. Every case is different, and each client’s case must be evaluated and handled on its own merits. Not all results are provided.