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.
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.
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 Clients Love Us
Peter and Erica, thank you both so very much for getting me through my bankruptcy! You guys were great, and I'll definitely keep you in mind in the future.
Dear Peter Iascone & Gregory Sorbello,
Jim and I would like to thank both of your for the way you guided us through the process. It was a difficult decision to file, but with your professional knowledge, we had confidence in your advice. We can now face the future without the heavy burden of debt. We will certainly recommend your office to anyone who inquires. Best wishes to you both and your families.
To the entire staff and attorneys,
Thank you so very much for all of your help, time, patience, and persistence in my case. You guys did a great job. It was long and grueling but worth it. Once again, thank you so very much for all of your hard work.
Peter, Thank you for all of your help. Your team has been wonderful to work with.
Greg, As I looked at the papers, the first settlement offered was $6,000.00. However, I believe that your having worked with [defendant business] in Rhode Island and Massachusetts was most beneficial for me. Oh my gosh, Greg, many, many, thank yous for reaching the settlement for $10,000.00. Merry Christmas and a Happy New Year!
Dear Greg, I wanted to say thank you for helping me with my accident and getting me a settlement.
Dear Peter, thank you so much for sending that letter to the creditor, they’re crazy! Thank you again very much
Dear Attorney Sorbello, Thank you for understanding my health issues are very serious at this time. I appreciate your understanding. I just want to thank you for not putting me through a stressful situation I couldn’t take all I can say is thank you for sticking with me with this case, it really means a lot. Thank you.
Peter, can’t thank you for being so nice. You are great, more than you’ll ever know.
Dear Greg, I wanted to take the time to thank you so much for your diligence in our case…making this stressful time a bit easier for us. Thank you for going the extra mile, I am truly greatful.
Peter, thank you so much for everything. I will refer you to everyone I know.
Dear Mr. Sorbello, I truly appreciate all your hard work, your patience with me, and never giving up on my case. You’re a great lawyer and a great person.
Dear Peter, thank you very much for your time and consideration, it is very much appreciated.
Dear Shawna, I am very grateful and thank you for all of your hard work. You really made it an easy process. Looking back it is easy to forget all the frustrating run arounds with doctors and insurance companies and the bank that overwhelmed so easily. You were a bright spot in a trying time. Again, thank you for everything.
Shawna, thank you for everything you have done and continue to do to help.
Erica, thank you for all of your help and support through this, it is greatly appreciated and you and Peter’s kindness has been invaluable.
Shawna, thank you very much for everything you and Peter have done for me. You guys are amazing! I’ll keep saying it – Thank you so much!
Greg, I sent Sara to your office for her motor vehicle accident because I truly believe you guys are the best.
"I am very pleased with my choice in choosing Peter and his firm to handle my case. He answered all of my questions and was very precise at everything. I would highly recommend him to anyone looking for an attorney!"
"The actions taken in my case were always pleasant and outstanding. It has been an honor to work with this firm!"
"Communication with this firm was very friendly, everything was explained to me in a very clear easy to understand way."
"On a scale of one to 10, I would rate the service of this firm a 10!"
"“I couldn’t be more grateful. I will always recommend your services to anyone in need of your practice”
"Everybody at the office was very helpful and pleasant.”
"Thank you for all of your help. We are very grateful for your services on getting our life back in order.”
North Scituate, RI
"Thank you so much for your services! I was nervous at first and embarrassed and you were all so nice and I felt better! You were very good and always let me know what was going on.”
"They're the best, that's why I have used them 3 times. Very professional!”
"If any of my friends or family would ever fall in any money problems, I would strongly recomend your office to help them like you helped me. Thank you so much for everything. I can sleep nights again. Special thanks to Erica, you were great holding my hand thru this whole thing.”
Fall River, MA