FOR IMMEDIATE RELEASE
September 28, 2020
Contact:Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB OBTAINS COMPLETE VICTORY IN BENCH TRIAL AWARDING CLIENT OVER $730,000.00 AND THEN RELATED COMPLETE VICTORY IN A BANKRUPTCY ADVERSARY PROCEEDING TO PRECLUDE JUDGMENT DEBTOR’S ATTEMPT TO DISCHARGE FINAL JUDGMENT DEBT IN BANKRUPTCY
Domestic Relations Orders Re Federal Civil Service Retirement Benefits – Bankruptcy Adversary Proceedings Non-Dischargeability of Debts.
PENSACOLA, Fla. ― Diane M. Longoria, a Partner in QPWB’s Pensacola office, obtained a bench trial complete victory with a Final Judgment entered in favor of Former Wife in a suit filed to enforce the terms of a property settlement agreement after Former Husband failed to pay Wife her 50% share of his federal civil service retirement accounts, which included a Federal Employee Retirement System (“FERS”) monthly annuity and a Federal Thrift Savings Plan (“TSP”) account, accumulating over a 10 year arrearage debt to Wife of over $730,000.00, with interest. The trial court accepted Longoria’s argument that because the Husband had spent all monies that were Wife’s vested share of these federal benefits during the 10 years preceding trial, the Final Judgment should include an order that the TSP pay directly to Wife 100% of the Husband’s TSP account ($220,000.00), and an order that the Federal Office of Personal Management (“OPM”) pay directly to Wife not only her 50% share of the FERS annuity going forward, but also the majority of Husband’s share of the FERS monthly annuity until such time as the entire arrearage, plus the award of statutory pre and post judgment interest, plus attorney’s fees and costs, was paid in full.
When the Husband then attempted to discharge these debts in a Chapter 7 bankruptcy, Longoria filed an Adversary Proceeding Complaint in the Bankruptcy Court objecting to the discharge in two Counts. The Bankruptcy Court recently entered a Final Judgment finding that all debts owed to Wife were non-dischargeable on both Counts, leaving the Final Judgment and Orders to TSP and OPM fully enforceable, which have now been accepted and implemented by both TSP and OPM.
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Diane M. Longoria is a Partner in the Pensacola office with over 32 years of civil litigation experience in federal and state courts, at trial and appellate levels, and in formal and informal administrative proceedings. She also serves as neutral counsel to handle and prepare Qualified Domestic Relations Order and Domestic Relations Orders for splitting private and public entity retirement and pension plans in divorce. Ms. Longoria’s practice includes medical malpractice defense, construction, and labor and employment litigation. She represents businesses, public entities, and individuals in cases of wrongful death, personal injury, professional malpractice, labor and employment, construction contract disputes, timber rights, identity theft and privacy rights, education law, insurance coverage, creditor/debtor disputes, arts and entertainment contract disputes, copyright infringement, and real estate transaction disputes. Ms. Longoria received her law degree from Indiana University School of Law in 1983. She is admitted to practice law in Florida and in the U.S. District Court for the Northern and Middle Districts of Florida; the U.S. Court of Appeals for the Eleventh Circuit; and Florida Northern District Bankruptcy Court.
Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women owned law firm in the nation with 23 offices in the U.S. and abroad across a spectrum of industries in over 40 areas of practice. Our lawyers provide representation in litigation, business, real estate and governmental law.