law

Reasons Why Keladyn and Hertz Attorneys Suits in Case of Missing Work Death Benefits

KEL Attorneys, a respected bankruptcy and foreclosure defense firm located in Melbourne, Florida, has been banned by the Orlando Bankruptcy Court due to many reasons. One of the reasons is they refused to file a comprehensive report to their clients on the status of their case. This means that their clients must hire another lawyer to file a report for them. They also refuse to file any new federal cases.

In Orlando, Florida the Court heard arguments from attorneys representing the late David Kelley and his wife, Trisha Kelley.

These attorneys argued that David Kelley died in a tractor trailer truck on the day of his wedding, while being transported by his wife. Trisha Kelley was the driver of the truck at the time of the accident. Their argument was that the Florida Supreme Court had exceeded its authority in creating a new rule whereby a death occurs within three years of the death of the principal. In essence, they were claiming that the death of the husband required another marriage to take place before the death occurred.

The Court denied the claim.

The Orlando Florida Supreme Court then entered a decision in favor of the petitioners. It noted, “The evidence of the demeanor of the deceased during the time he was traveling in that vehicle as well as the circumstances surrounding his death, support the conclusion that he died as a result of the automobile accident.” The Court further stated that the Florida supreme court had “ample” reason to find that the stop of the tractor-trailer truck was reasonable, and that David Kelley’s death was “lawfully” caused by the vehicle accident. The Court found no abuse of process and dismissed the petition for leave to proceed with the appeal. In Florida, there is a time limit in which the person must seek legal representation to preserve the right to petition for leave to appeal.

The lawyers at the Kelsey Atkins law firm in Miami Dade County represent several class members who have been impacted by chapter 13 bankruptcy in Florida.

Some of these clients are represented on a direct basis by the Miami-Dade County public defender’s office, while others are represented by an assigned Miami-Dade County public defender. As a result, there are differences in the presentation of the case by these different service areas. This is why the Atkins attorneys recommend that all potential class members should be advised to retain the services of an immigration attorney.

The Atkins attorneys provide their clients with the necessary services in the areas of mortgage foreclosure defense, immigration issues, and other related issues.

Although the firm does not provide litigation assistance, the lawyers do pro Bono work as a part-time basis. As previously noted, the death of David Kelley was caused by the collapse of his business, Key Waste Management, LLC, resulting in the need for him to hire a bankruptcy attorney in order to resolve the bankruptcy matter.

In early August 2009, David Kelley’s business partner, Ronald Zlohn, was arrested on charges of fraud involving the purchase of company assets.

According to court documents, Zlohn participated in the purchase of B.M. Credit Mortgage, Inc. through a sham business relationship with a primary undercover officer who posed as an investor of B.M. Credit Mortgage, Inc. Mr. Zlohn then directed the principals of the failing business to use “company funds” to pay for the purchase of Zlohn’s personal residence in Florida. The arrest of Zlohn prompted the involvement of the Miami-Dade County state attorney’s office, and the review of Mr. Kelley’s death was subsequently ordered by a judge as a result of the investigation conducted by the state attorney.

An examination of the circumstances surrounding the death of Mr. Kelley revealed that he had obtained an H-1B visa certification and had passed all requirements by the U.S. immigration authorities.

He had previously served as principal stockholder of Bank of America, and he owned a condominium in Miami Beach, Florida. Thereafter, he had tried unsuccessfully to resettle with his former partners at Bank of America, despite his requests that they assist him in acquiring United States citizenship so that he would be eligible to apply for adjustment of his status under the immigration laws. As a direct result of the above described incident, Mr. Kelley’s death was ruled as a suicide. Nevertheless, the H-1B examiners’ report contained no recommendations to change the conclusion, stating that the death did not constitute as a suicide even if it occurred at the workplace. An examination of the records also showed that Mr. Kelley had numerous financial problems in the months prior to his death, some of which were attributed to the loss of his job at Bank of America.

The above circumstances strongly suggested to the Florida examiners that Mr. Kelley committed suicide in order to avoid having to face the consequence of unfavorable findings against him.

These circumstances are indicative of the quality of the legal support provided by Keladyn and Hertz attorneys. The two firms have been regarded as leaders in representing client’s rights in cases involving employer related death benefits and other employee related lawsuits.