Creditor

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.

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.