Litigation

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.

Keshwar Singh v. John Singh, et al., Stanislaus County Case No. 667461

Nicholas Lazzarini successfully obtains a judgment in favor of our client, John Singh dba Quick Stop Gas Station. Mr. Lazzarini persuaded the Court in a bench trial that our client was not liable for an alleged breach of contract where the amount of controversy was $50,000. Plaintiff took nothing from his complaint.

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.