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.
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.
Kenrick Young successfully represents a debtor and obtains a dismissal for the firm's client from a Section 523 adversary proceeding. The dismissal occurred shortly after the Court sustained the firm's motion to dismiss under Rule 12(b)(6).
Kenrick Young successfully represents a debtor and obtains a dismissal for the firm's client Richard Kooi from a Section 523 adversary proceeding. The dismissal occurred in the middle of a bench trial after opening statements.
The firm obtains a judgment determining a debt of $1.55 million as non-dischargeable under Section 523(a)(2)(A) for its clients, Philip and Linda Hawkins.
Nicholas Lazzarini successfully obtains a dismissal for the firm's clients, Manmeet and Ravneet Natt, from a fraudulent conveyance adversary proceeding seeking over $250,000. The dismissal occurred before trial, without payment by the Natts, and shortly after the firm got involved.
Kenrick Young successfully prosecutes a Section 523(a)(2)(A), (a)(4), and (a)(6) action to obtain a $295,387 judgment against Defendant after a two day bench trial.
Nicholas Lazzarini negotiates a judgment for nondischargeability under Section 523(a)(4) against Defendants for his client Plaintiff Rentrak Corp.
Nicholas Lazzarini obtains a Section 523(a)(4) and (a)(6) judgment against Defendants Nancy and Reuben Fernandez.
Kenrick Young obtains an order dismissing a Section 523(a)(2)(A) adversary proceeding against his client, Tony Akinsete.
Kenrick Young successfully objects to Federal National Mortgage Association Claim No. 22 and disallows default interest and late fees in connection with a defaulted mortgage. In total, Mr. Young reduced Fannie Mae's claim by over $275,000.
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.
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.