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.
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.
Kenrick Young successfully defends against a second summary judgment motion brought by Fannie Mae in a 523 adversary proceeding.
Kenrick Young obtains a non-dischargeable judgment for $57,419 under 11 U.S.C. § 523(a)(4) against a lessee that failed to return a leased forklift.
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.
Kenrick Young prevails on a motion for sale of, substantially, all of the assets of the debtor (a going concern) to the highest bidder in a major warehouse and packaging Chapter 11 reorganization.
Kenrick Young successfully defends against a remanded objection to claim of exemption filed by Skadden Arps. The 9th Circuit Bankruptcy Appellate Panel ordered the case published. On remand, Judge Bardwil agreed with Mr. Young and again overruled the objection.
Kenrick Young wins a contested motion to stay civil adversary proceedings in a bankruptcy court for the duration of a criminal proceeding. In the ruling, the Bankruptcy Court agreed with Mr. Young and distinguished the situation at hand from two (2) Ninth Circuit cases where the request for a stay was denied.
Kenrick Young wins an adversary proceeding against Bank of the West. A leased dry cleaner machine was recharactizerized as a security interest and Mr. Young avoided the security interest as unperfected. The Debtor was able to keep the machine without paying the Bank, leaving the Bank with only an unsecured claim.
Kenrick Young appears pro hac vice and obtains a $42,778.63 administrative claim settlement in a Delaware Bankruptcy Court for a Nevada County landlord after the Chapter 11 debtor defaulted on a lease.
Kenrick Young confirms another Chapter 11 'cramdown' plan and reorganizes a dry cleaning business.
Kenrick Young reorganizes a shopping center in South Natomas by confirming a Chapter 11 "cramdown" plan.
Kenrick Young successfully settles a breach of commercial lease (23,000 sq. ft. warehouse and office lease) dispute on the appellate level. The Debtor previously employed two attorneys (including one from Harvard) to litigate the dispute without avail. Mr. Young was the third attorney to assist and filed an appeal. Mr. Young then successfully negotiated a settlement on favorable terms with the Landlord resulting in the dismissal of the appeal.
Kenrick Young obtains a judgment for non-dischargeability based on fraud pursuant to 11 U.S.C. 523(a)(2)(A)
Kenrick Young prevails on a motion for sanctions against the California State Board of Equalization. The Court awarded Mr. Young's attorneys fees and ordered a return of the Debtor's funds taken by the SBE in violation of stay.