Landmark and Notable Cases
successfully prosecuted on behalf of the rights of clients by Peter M. Iascone Attorney-at-Law

Goulet vs. O’Connell
Case :Goulet vs. O’Connell Newport County Superior Court (2010)
Result :jury trial after three hours of jury deliberation Atty. Iascone obtained jury verdict of $90,000 on behalf of his client.

In re O’Connor
Case :In re O’Connor,09-bk-13011 Chapter 13, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND,
Result :The Court rules that in a garden variety circumstance, the debtor’s objection to claim is sustained and creditors shall not be allowed to charge families for the preparation of a claim in bankruptcy and for the review of their files saving them hundreds of dollars per case.

In re LAMARSH BK
Case :In re LAMARSH BK, No. 09-13008 Chapter 13, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND.
Result :The issues in this case appear to be within the scope of this Court’s decision in In re Burbank, 401 B.R. 67 (Bankr. D.R.I. 2009), The Trustee’s request that the Court should revisit and reverse In re Burbank is rejected. Accordingly, the Trustee’s objection is OVERRULED, the Plan is confirmed as proposed by the Debtor, and the Chapter 13 Trustee is ORDERED to submit a Confirmation Order.

In re Marchetti
Case :In re Marchetti No. 09-13010 Chapter 13, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND,
Result :The issues in this case appear to be within the scope of this Court’s decision in In re Burbank, 401 B.R. 67 (Bankr. D.R.I. 2009), the debtor is allowed to ignore the fact that his 401(k) loan becomes due during the plan in his monthly plan payment will not increase as a result .The Trustee’s request that the Court should revisit and reverse In re Burbank is rejected. Accordingly, the Trustee’s objection is OVERRULED, the Plan is confirmed as proposed by the Debtor, and the Chapter 13 Trustee is ORDERED to submit a Confirmation Order.

In Re Burbank
Case :In Re Burbank, BK No. 08-11620, Chapter 13, UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND, 401 B.R. 67; 2009,
Action :The Chapter 13 trustee’s objection to the deduction of ownership expenses for two vehicles on which the debtors owe no secured debt, and the deduction for mortgage payments on two parcels of real estate the debtors intend to surrender were nonetheless deductible against projected disposable income under 11 U.S.C.S. §§ 707(b)(2)(A) and 1325(b). Considered a landmark bankruptcy case interpreting the 2005 Bankruptcy Reform Act extending rights of families.
Result :Decided

Morris V. Highmark Life Ins. Co.
Case :Morris V. Highmark Life Ins. Co., C.A. No. 01-396L , UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND, 255 F. Supp. 2d 16; 2003 U.S. Dist., April 8, 2003
Action :In a suit arising from an insurance company’s failure to pay long-term disability benefits under an employee benefit plan, the employee’s breach of contract and bad faith claims were preempted by ERISA.
Result :Decided

In Re Pope
Case :In Re Pope, BK No. 06-10169, Chapter 13 , UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND, 351 B.R. 14; 2006
Action :Bankruptcy court denied LLC’s request for a determination that the automatic stay provision of 11 U.S.C.S. § 362 was terminated under § 362(c)(3)(A) with respect to a home that was owned by two debtors who filed a second action under Chapter 13 of the Bankruptcy Code within one year because the debtors’ home was property of the bankruptcy estate.

In Re Silvestri
Case :In Re Silvestri, BK No. 02-13184, Chapter 7, BK No. 02-11794, Chapter 7 , UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF RHODE ISLAND, 294 B.R. 421; 2003 (Bankr. D.R.I., June 14, 2004)
Action :Requiring debtors to surrender collateral to creditors when debtors did not redeem collateral or reaffirm contracts was not appropriate, where debtors were current and meeting all obligations under contract and there were no allegations of bad faith.

Christine M. vs. Covil
Case :Christine M. vs. Covil, Newport County Superior Court (1986) jury trial Atty.
Result :Iascone obtained jury verdict of $640,000. Record Rhode Island verdict for specific type of injuries suffered by the plaintiff.
Our Testimonials
Our Clients Love Us