We have represented a number of plaintiff and defendant interests in a variety of collection and/or bankruptcy litigation matters, including, for example, the following:
- Representation of professional chairman in action against LLC manager in connection with misrepresentations to investors, manipulation of ownership structure, and flouting of SEC consent judgment. Utilized enforcement of manager’s personal guaranty, aggressive post-judgment discovery, and a draft complaint to resolve management crisis and restore investor’s funds.
- Representation of 47thStreet jeweler which had allegedly received preference payments from jewelry industry scoundrel who had filed for bankruptcy. In adversary proceeding initiated by trustee, provided sufficient proof of payment in the ordinary course and/or the provision of subsequent value to resolve the matter at 10% of the original demand. Also represented client in connection with District Attorney’s investigation and grand jury testimony regarding debtor’s alleged theft and insurance fraud.
- Representation of judgment creditor against debtor in bankruptcy. Successfully petitioned bankruptcy court to order the sale and partition 26 acres of property surrounding debtor’s homestead.
- Representation of SEC appointed receiver tasked with marshaling the assets of a commercial lender that had been the subject of a securities fraud action in California. Litigation involved the foreclosure of two multimillion-dollar mortgage loans on a hospital in Queens, NY. The loan structure and history of the project required significant analysis and careful presentation. Successfully dismissed borrower counterclaims. Navigated a contentious discovery phase that included the incarceration of one of the borrower’s principals. Successfully moved for summary judgment and obtained a judgment of foreclosure. Positioned the client to sell the mortgage and note to another lender at a premium.
- Prosecution of linen supply / laundry service company’s claims against well-known restaurateur for past due debts. Obtained default judgment against restaurateur and engaged in post-judgment discovery. Learned of sale of restaurant assets to third party that continued to operate the restaurant and employ the restaurateur as manager. Initiated expedited turnover proceeding against the third party on the basis of successor liability. Obtained a prompt and efficient settlement of the claim.
- Representation of the estate of a former chief executive of a major metropolitan hospital in claims asserted in the hospital’s Chapter 11 proceeding alleging breach of employment and severance agreements.
- Representation of a life settlements company in two actions against a hedge fund investor in life settlements for breach of contract and in the hedge fund’s Chapter 11 proceeding in Delaware Bankruptcy Court. Our client prevailed both times.