Bankruptcy

In re Ralph William Crosby, E.D.B.C. 15-23674

Nicholas Lazzarini obtains "In Rem" relief from stay for creditor George Boeger, allowing Mr. Boeger to proceed with a sale of real property. Debtor Ralph Crosby and his son had filed 6 previous bankruptcy petitions to delay creditors from taking action against the property. The "In Rem" relief will prevent any automatic stay by any bankruptcy filer from attaching to the property for a period of 2 years, allowing the creditor to force a sale of the property.

Burch v. Hagele, E.D.B.C. 14-02200

Nicholas Lazzarini prevails on a Motion for Summary Judgment for his client, Dr. Lauranell Burch, in an adversary action commenced under 11 U.S.C. 523(a)(6). Dr. Burch had obtained a judgment for defamation against Debtor in North Carolina State Court. Agreeing with Mr. Lazzarini's motion, the Court found North Carolina principals of collateral estoppel applied and the defamation constituted a willful and malicious action against Dr. Burch. Judgment was entered in the amount of $412,667.57 plus interest.

In re Oak Song, E.D.B.C. 10-39123

Kenrick Young successfully negotiates an out-of-court workout for a shopping center in Folsom, California. Mr. Young first filed a Chapter 11 to prevent an imminent foreclosure. In the Chapter 11, an agreement was reached to settle and dismiss the Chapter 11 case, which was approved by the bankruptcy court. The settlement are confidential, but a substantial reduction in principal was obtained. 

OccMeds v. Clearview Medical, E.D.B.C. 09-2579

Kenrick Young successfully defends against a fraudulent transfer action by a Chapter 11 Debtor/ Plaintiff that sued for over $250,000 in transfers. The Plaintiff had litigated and won 4 other similar cases. Mr. Young was the only attorney that was successful in defeating Plaintiff. The Court ordered that Plaintiff take nothing from Mr. Young's client following a 3-day bench trial in front of Judge Russell.

In re Bruce Seymour, E.D.B.C 06-24791

Kenrick Young successfully defends against a Chapter 7 trustee's claim objection, and the Court allows an amended claim for $687,126.56 based on breach of contract and fraud.  After the Chapter  7 trustee filed its claim objection to Dr. Sheikh's claim for $333,000, Mr. Young was brought in as a replacement attorney. Mr. Young immediately amended the claim to nearly double the amount and successfully defeated the claim objection.

Asiatech Management v. Dubinsky, E.D.B.C. 09-2488

Kenrick Young obtains non-dischargeable judgment of $129,234.57 after a bench trial. Mr. Young represented the successful plaintiff, Asiatech. In addition, the Court awarded Plaintiff fees and costs for the litigation. In a 14-page memorandum decision, the Court determined that the Defendant had made a false representation in a written financial statement with an intent to deceive.