Tate's Royalties Paid to Court

By Walter F. Roche Jr.

Royalties totaling more than $13,000 earned by singer songwriter Danny Tate have been sent to a Nashville court under a garnishment order obtained by his one time lawyer.
BMI (Broadcast Music, Inc), sent two checks, one for $13,078.09 and the other for $119.99, last week to the clerk of the Davidson Circuit Court under the terms of a garnishment order issued in favor of Nashville attorney Michael Hoskins.
Hoskins represented Tate in his efforts to get out of a court ordered conservatorship and the attorney is now collecting the the balance of the fees he charged for the effort.
Hoskins has declined to comment on the issue.
Tate said the second smaller check was actually earned by a company he set up for his publishing royalties and should not have been subject to the garnishment order. He said overall his royalties "have dwindled to a fraction of what they used to be."
He said it appears that the payments made to the court cover three quarters of a year beginning in 2015.
Tate has been earning royalties on such songs as "Affair of the Heart," "Born with a Broken Heart" and "Dark Side of Love."
The garnishment order had been put on hold after Tate filed for bankruptcy in federal court in Kentucky. That case, however, was dismissed on Hoskins' motion, thus releasing the automatic hold on the garnishment order.
Hoskins already collected part of this fee when he purchased Tate's former Belle Meade home at a court ordered auction for $120,000. The proceeds were split between Hoskins and another attorney who had worked on Tate's case.
Tate has disputed Hoskins billings, but the courts have upheld Hoskins position.
Tate's former 3 bedroom home at 5909 Old Harding Pike in Nashville is now on sale for $589,900, down from the original $649,000 asking price.
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Tate Facing Loss of Royalties Following Bankruptcy Dismissal

By Walter F. Roche Jr.

A federal judge has dismissed the bankruptcy case filed by Nashville songwriter Danny Tate and the Nashville attorney who once represented him is moving ahead in a Tennessee court to attach the musician's royalties.
Court records show Tate's bankruptcy was dismissed last week by a Kentucky Bankruptcy judge following a hearing which Tate said he had been told was canceled.
The dismissal cleared the way for attorney Michael G. Hoskins to renew his bid to collect Tate's royalties to pay off legal bills incurred when Tate was trying to get released from a court ordered conservatorship.
Tate said he was not at the Thursday bankruptcy court session because he received a phone call from a federal bankruptcy trustee's office informing him that the May 19 hearing had been postponed until next month.
"Somebody didn't want me at that hearing," Tate said.
Hoskins declined to comment. In an email to Tate this week,  Hoskins said he had thrown in the trash the musician's motions to have sanctions imposed on him in the bankruptcy case.
The brief message left on Tate's voice mail last week, which Tate provided, states that the hearing could not be held Thursday because a staffer would not be able to attend for health reasons.
Tate said he had assumed the message was accurate and legitimate and did not show up for the hearing.
Immediately following the dismissal, Hoskins filed motions in Circuit Court in Nashville, Tenn. to attach Tate's royalties.
Under federal law, the claim had been put on hold when the bankruptcy was filed. According to court filings the royalties ranged from $12,000 to $20,000 per year. A circuit court judge already has denied Tate's challenge to the legality of the royalty attachments.
The actions in Kentucky and Tennessee are but the latest in a series following the granting of an emergency petition in Davidson Probate Court placing Tate in a conservatorship and stripping him of control over his finances, among other things.
Tate hired Hoskins to help him get out of the conservatorship and he was finally released in 2010.
Hoskins billed some $160,000 for his services, an amount Tate has disputed.
Tate's home was put up for auction by court orderto pay part of his conservatorship debt. Hoskins then purchased Tate's home for $120,000. Hoskins and attorney Paul Housch, who also was involved in the conservatorship battle, divvied up the proceeds.
Hoskins has put Tate's former home on the market for $614,900, down from the original asking price of $649,000.
Tate, 60, has had his songs covered by Lynryd Skynyrd, Ricky Springfield, The Oakridge Boys and Tim McGraw. He got his start when he co-wrote Affair of the Heart by Springfield.
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Tate Seeks Sanctions Against Lawyer

By Walter F. Roche Jr.

Singer and songwriter Danny Tate is asking a federal bankruptcy judge to impose sanctions against the Nashville attorney who represented him in a controversial conservatorship case.
In the motion filed in U.S. Bankruptcy Court in Kentucky, Tate asked that the sanctions be imposed again Michael G. Hoskins. Hoskins, meanwhile, has filed a motion to have Tate's bankruptcy case dismissed for failure to prosecute.
The action is the latest in a series of legal battles since Tate was placed in a conservatorship in Davidson Probate Court in Nashville.
Tate has countered Hoskin's dismissal motion with a motion that it be denied
Hoskins did not respond to a request for comment on the latest developments.
In the motion for sanctions, Tate charged that he was not provided proper notice of the dismissal motion and only learned of it from the court.
Hoskins is seeking the payment of legal fees stemming from his actions as Tate's attorney during the now dissolved conservatorship.
The Nashville attorney obtained a judgment against Tate and then purchased the singer's home at a court ordered auction for $120,000. He has since placed the Belle Meade home on the market. Though originally listed at $649,000, the asking price has been reduced to $614,900.
Hoskins had filed suit in Nashville seeking to attach song royalties Tate receives, but the bankruptcy filing put that effort on hold.
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Multiple Failures by Metro Clerk Claimed In Probate Cases

By Walter F. Roche Jr.

The Davidson Probate Court Clerk's office failed for over a decade to perform its duty to oversee two cases thus allowing a court appointed lawyer to steal some $1 million, according to filings in two pending court cases.
The charges and counterclaims are the latest development in an attempt by another court appointed attorney to recover from Metro some of the money admittedly stolen by now imprisoned Nashville attorney John E. Clemmons.
In filings this week in behalf of the estate of William C. Link and the conservatorship of Donald E. Griggs, attorney Patrick Mason argued that summary judgment should be granted and Metro government should be required to pay up, the exact amount to be determined at a later date.
The clerk's office, the brief states, was guilty of "multiple failures" to meet their statutory duty to ensure that "timely, complete and proper accountings were filed."
Metro lawyers, meanwhile, filed motions seeking to eliminate or vastly reduce any award by arguing that while there was one error in the processing of one case, multiple failures did not occur.
Metro government "agrees in theory" that it could be held liable for the clerk's failure "but the situation here is not a simple failure," Metro lawyers stated.
 In the Link case, according to the Metro brief, a hold had been placed on the case at Clemmons request and the clerk's office failed to later remove the hold which would have triggered annual action to force Clemmons to file annual acountings.
"Here there was only one bad act," the brief states, "enabling Clemmons to steal from the estate."
Mason, who is representing Paul Gontarek, who in turn was appointed to replace Clemmons, also disputed Metro's earlier argument that the claims should be denied because of a one-year statute of limitations.
He noted that Gontarek was not even appointed until April 10, 2013 and could not have discovered Clemmons' theft prior to that date. The claim was filed on April 1, 2014, less than a year after his appointment.
 In the Griggs case, Mason's brief states that "none of these accountings were properly reviewed for accuracy or completeness," adding that if the clerk's office had done its job the "unauthorized and fraudulent charges would have been discovered."
He cited one document in which a clerk's office official "candidly admits" the failure to properly monitor the cases.
Clemmons, 68, is currently serving an 18-year sentence after admitting to the theft of over $1 million from estates and conservatorships in Davidson and Rutherford counties.
The Griggs and Link  cases are being heard by Senior Judge Ben Cantrell, who has scheduled a June  10 hearing for oral arguments.

Songwriter's Home Up for Sale at Steep Increase

By Walter F. Roche Jr.

The Belle Meade home that songwriter Danny Tate lost in the midst of his battle to get out of a court-ordered conservatorship is now on the market for more than five times the amount his one-time lawyer paid for it in 2012.
The 3-bedroom home at 5909 Old Harding Pike is being advertised for $649,900 by local real estate agents.
Tate's one-time lawyer Michael Hoskins of Nashville purchased the home in September of 2012 at a court ordered auction. The sale had been ordered to pay off, at least in part, Tate's legal bills amassed in his years-long battle to end his conservatorship.
Hoskins is still seeking to collect the remainder of his fees but his efforts were stalled when Tate filed for bankruptcy in federal court in Kentucky.
Hoskins and Nashville attorney Paul Housch were the only bidders at the Sept. 18, 2012 auction for Tate's house held on the steps of the Nashville courthouse. Housch was also seeking payment for legal services at the time.
Hoskins did not respond to questions about the sale.
The advertisement for Tate's former home lists its three bedrooms and 2.5 baths and a .84 acre lot. The one-floor home has 2,801 square feet. The property is assessed for $232,100, according to Metro records.
Tate was placed in a conservatorship without his knowledge after his brother filed an emergency petition in Davidson Probate Court on Oct. 19, 2007.
Tate said he learned that his former home was up for sale when he drove by it recently and saw a for sale sign.
Tate has disputed the legal fees assessed against him during and after the conservatorship and filed a complaint against Hoskins with the state board that licenses attorneys.
Tate was one of several witnesses to testify at a series of hearings conducted by the Tennessee Bar Association on problems with the handling of conservatorships in Tennessee. The hearings led to a several amendments to the law, with many of the changes focused on emergency petitions like the one filed against Tate.
A noted songwriter, Tate has also seen the royalties from his songs tied up in litigation stemming from the conservatorship. Hoskins was seeking to attach those same royalties when the bankruptcy case was filed.
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Davidson Assessor

GENERAL PROPERTY INFORMATION

• Map & Parcel: 129 04 0 076.00
• Location: 5909 OLD HARDING PIKE 
• Current Owner: HOSKINS, MICHAEL G.

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• Mailing Address: 5909 OLD HARDING PIKE, NASHVILLE, TN 37205
• Legal Description: LOT 1 LONGVIEW SUB
• Tax District: USD   View Tax Record
• Assessment Classification*: RES
• Legal Reference: 20151001-0099719  View Deed
• Sale Date: 09/22/2015
• Sale Price: $0

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*This classification for assessment purposes is not a zoning designation and does not speak to the legality of the current use of the subject property.

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TOTAL PROPERTY
APPRAISAL / ASSESSMENT

• Assessment Year: 2015
• Last Reappraisal Year: 2013
• Improvement Value: $113,100
• Land Value: $119,000
• Total Appraisal Value: $232,100
• Assessed Value: $58,025
• Property Use: DUPLEX
• Zone: 2
• Neighborhood: 4429
• Land Area: 0.84 Acres

GENERAL ATTRIBUTES - CARD 1

• Property Type: RES DUPLEX
• Year Built: 1940
• Square Footage: 2,811
• Exterior Wall: FRAME
• Story Height: ONE STY
• Building Condition: Average
• Foundation Type: CRAWL

• Number of Rooms: 8
• Number of Beds: 4
• Number of Baths: 3
• Number of Half Bath: 0
• Number of Fixtures: 11

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Kennedy Names New Probate Master

By Walter F. Roche Jr.

A new probate master has been appointed in Davidson Probate Court, even as legal disputes continue over the handling of conservatorships in the court presided over by Judge David "Randy" Kennedy.
In a press release in response to inquiries about the change, the court disclosed that Kennedy had named Nashville attorney Adam Barber to serve as probate master.
Court Administrator Tim Townsend said that Robert Bradshaw, who had held the position for over a decade, would remain as an employee of the circuit court clerk and "provide support to the probate clerk."
Bradshaw said in an email response to questions that he had not served as probate master since June of 2013.
"After restructuring I am now the chief accounting manager for the clerk's office," Bradshaw wrote.
Barber previously served as an auditor for the Office of Conservatorships, conducting financial reviews of conservatorships and guardianships. His salary is $60,000, according to Townsend.
The appointment comes as litigation continues over the past handling of conservatorships in Davidson County. Metro government is a defendant in two pending suits that seek the recovery of nearly $1 million stolen from two wards of now jailed conservator John E. Clemmons.
At one point there were two additional suits naming Bradshaw as a defendant, but those cases were dropped voluntarily.
Problems in the handing of conservatorships prompted the Tennessee Bar Association to hold a series of hearings across the state and later to recommend an overhaul of the state law governing the process.
The recommendations were ultimately accepted and approved by the General Assembly. In a separate action Metro government created a new office to monitor conservatorships.
Prior to his work in the conservatorship office, Barber was a partner with the firm of Clark & Washington, where he handled bankruptcy cases. He is a graduate of the University of Vermont Law School.
Townsend expressed thanks to Metro Council and the mayor for providing funding for the post.
"We are very pleased to have someone of Adam Barber's talent and expertise, and are confident that his addition will aid the court in its oversight of the thousands of probate cases that are filed and maintained in Nashville." Townsend said in the statement.
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Metro Seeks to Dodge Liability in Conservatorship Thefts

By Walter F. Roche Jr.

Citing a previously undisclosed order by a probate judge delegating some of his powers to a court official, Metro government is asking a judge to dismiss a suit that would force local taxpayers to reimburse a ward for thousands of dollars that was stolen from him by a court appointed conservator.
In a recent filing in a longstanding suit in Davidson Circuit Court, Metro lawyers argued that under the Dec. 16, 2003 order by Probate Judge David "Randy" Kennedy, Probate Master Robert Bradshaw's actions were, in effect, actions by the judge himself.
"Essentially the order permitted the probate master to stand in the shoes of Judge Kennedy," the filing states.
As a result, the Metro filing concludes, Metro cannot be held liable for the $157,907 admittedly stolen from Donald Griggs by John E. Clemmons, the former conservator now serving a lengthy jail term for that and other thefts.
In a parallel filing in another case, Metro is also denying responsibility for $515,907 stolen by Clemmons from another ward, William C. Link.
In that case as well as the with the Griggs case, Metro also contends the statute of limitations to challenge the probate court actions has long since passed.
In opposing filings in the same two cases, Paul Gontarek, who took over from Clemmons as conservator when the thefts were uncovered, has asked for summary judgment against Metro in both cases due to the failure of the Probate Clerk's office to properly monitor Clemmons' activities.
"The probate clerk's office failed to ensure proper accountings were filed," the Gontarek motion states, adding that Clemmons failed to file any annual accountings in the Link case for a decade.
The two suits, both before Senior Judge Ben Cantrell, are the remaining outgrowths of a scandal that erupted when Clemmons was caught stealing from wards he had been assigned to protect. The Nashville attorney, then a fixture in Davidson probate court, eventually pleaded guilty to multiple theft charges and is serving an 18-year prison sentence.
Following the discovery of Clemmons' actions, Judge Kennedy named Gontarek to succeed the imprisoned jurist. Gontarek then filed suit against Metro seeking to recover some but not all of the money Clemmons admitted to stealing.
Gontarek's motion, filed by attorney Patrick Mason, also argues that the duties of the probate clerk to monitor actions of conservators and review mandatory annual accountings "are not discretionary."
The "failure of the probate clerk's office to carry out their statutory duty was the proximate cause of the financial damage," the Mason filing states.
Metro lawyer Melissa Roberge, however, argued that Clemmons bore sole responsibility for the thefts and cited judgments against the disbarred lawyer obtained by Gontarek for the full amount.
Also cited by Metro was an affidavit filed by a probate court official stating that the Clemmons case had been placed on a hold list which short circuited regular warnings when annual reports became due.
"A hold removes a case from system tracking," the affidavit states.
Metro also contends that the probate clerk's office did not have the legal authority to force the filing of an annual accounting.
Cantrell has scheduled a hearing for June 10 on the opposing motions.
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