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closed the Toyota dealership. In 1989, petitioner began seeing a
psychiatrist and was experiencing symptoms of stress and anxiety
and was diagnosed as being in a state of “major depression”.
During April 1989, petitioner received a purchase offer for
the Toyota dealership, but SET would not approve a sale, and
instead SET instituted a foreclosure action against HGTG. On May
5, 1989, HGTG voluntarily filed for a chapter 11 bankruptcy
(reorganization), which was converted to a chapter 7
(liquidating) proceeding on November 2, 1989.
During September 1990, petitioner and HGTG retained attorney
Vincent F. Kilborn (Kilborn) by means of a contingent fee
arrangement under which the attorney’s fee was 52-1/2 percent of
any recovery or zero if there was no recovery. Petitioner and
HGTG were responsible for costs and expenses. Thereafter, an
action on behalf of petitioner and HGTG was commenced against
Toyota Motor Sales U.S.A., Inc., and related companies, SET and
related companies and its officers, and others. Kilborn became
aware of a South Carolina case involving SET and dealer
allegations of being required to make false sales reports in
order to stay in business. Ross M. Goodman (Goodman) was brought
in to assist in the representation. Goodman was associated with
a law firm that was representing dealers in connection with other
Toyota cases.
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