LaMonica Herbst & Maniscalco, LLP

LaMonica Herbst & Maniscalco, LLP.
Moving Forward. Staying Ahead.
Moving Forward. Staying Ahead.
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LaMonica Herbst & Maniscalco, LLP
3305 Jerusalem Avenue
Wantagh, New York 11793

info@lhmlawfirm.com

Phone: (516) 826-6500
Fax: (516) 826-0222

Decisions of Interest

LH&M consistently obtains favorable results for its clients. The following is a sampling of LH&M’s reported and unreported decisions:

Following trial, the Court determined the  Chapter 7 Trustee was entitled, under 11 U.S.C.S. § 548(a)(1)(A), to recover payments defendants received so they could pay taxes they owed on profits the debtor made and was awarded a judgment in excess of $700,000.00, plus interest, in In re TC Liquidations LLC, 463 B.R. 257 (Bankr.E.D.N.Y. 2011).

In Kramer v. Sooklall (In re Singh), 434 B.R. 298 (Bankr. E.D.N.Y. 2010), the Bankruptcy Court for the Eastern District of New York granted judgment in favor of a Chapter 7 Trustee on LH&M’s motion for summary judgment in an avoidance action seeking to recover a transfer of property of the estate made by the debtor to a friend of the debtor as a fraudulent conveyance pursuant to 11 U.S.C. § 548 and New York’s Debtor and Creditor Law §§ 273, 275 and 276.

In In re Probulk, Inc. et al., 407 B.R. 56 (Bankr. S.D.N.Y. 2009), the Bankruptcy Court for the Southern District of New York granted LH&M’s motion for a preliminary injunction against two foreign insurers enjoining their attempts to cancel insurance coverage based upon the debtors’ bankruptcy filing.

In Barnard v. Eager Beaver Realty, LLC, et al. (In re Janitorial Closeout City Corp. LLC, et al.), the Bankruptcy Court for the Eastern District of New York entered a default judgment against Laurie Schneider, the media-dubbed “Ponzi Princess” of Long Island, in the amount of $13,061,632.53 [see Adv. Pro. No. 09-8828, Dkt. No. 77].

Following a trial in In re DeVanzo, 2010 WL 1780038 (Bankr. E.D.N.Y. May 03, 2010), LH&M obtained judgment in favor of its client, the Chapter 7 Trustee, authorizing the sale of jointly-owned real property under 11 U.S.C. § 363(h).

In United States ex rel. Miller Proctor Nickolas, Inc. v. Lumbermens Mut. Cas. Co., 2009 U.S. Dist. LEXIS 31431, 2009 WL 962273 (E.D.N.Y. Mar. 31, 2009), the United States District Court for the Eastern District of New York denied the United States’ motion for summary judgment and granted LH&M’s summary judgment motion in this construction case. LH&M successfully argued that a substantial portion of the plaintiff’s alleged damages were barred as a result of the proceedings in the general contractor’s Chapter 11 bankruptcy case.

In Mendelsohn v. Jacobs, et al. (In re Jacobs), 394 B.R. 646 (Bankr. E.D.N.Y. 2008), the Bankruptcy Court for the Eastern District of New York granted summary judgment in favor of LH&M’s client, the plaintiff Chapter 7 Trustee, in the amount of $527,547.00 in an avoidance action seeking to recover various transfers of property of the estate made by the debtors to their spouses as a fraudulent conveyance pursuant to 11 U.S.C. § 548 and New York’s Debtor and Creditor Law §§ 273, 275 and 276.

In Barnard v. Verma (In re Verma), 2007 Bankr. LEXIS 3159, 2007 WL 2713017 (Bankr. E.D.N.Y. Sep 14, 2007), the Bankruptcy Court of the Eastern District of New York imposed a constructive trust upon 45 percent of a Debtor’s relatives’ various interests in the property in favor of the estate and LH&M’s client, the plaintiff Chapter 7 Trustee.

In Weinstock v. Handler, et al. (In re Handler), 321 BR 632 (Bankr. E.D.N.Y. 2005), the Bankruptcy Court for the Eastern District of New York dismissed a complaint against LH&M’s client, the defendant Chapter 7 Trustee, where the Court found that the Rooker-Feldman Doctrine barred the plaintiff’s claims.

Attorney Advertising. Past results do not guarantee future results. Every case is different and should be judged on its own merits.
 

    Testimonials

    To Sal, My children and I would like to sincerely thank you for helping us to save our home. You truly are a good man.Loretta, Michael & Family
    Joe: I had not slept in years. I met you and you calmed all my fears. You then did exactly what you said. My family and I are forever grateful to you. Thanks forever,Frank
    Joe: Thank You!!! What you did for us is appreciated more than you will ever know. I am most grateful for all the time, effort and trust.T & J
    Joe, Thank you all for your assistance in this matter. You have the uncommon combination of legal expertise AND practical resolution skills.Michael
    Dear Joseph. Once again thank you very much for everything you have done for my family this year. My life and future will always be in your hands. I will always be forever grateful to you.Joe
    Dear Joe, This is just a small thanx to tell you how much I appreciate all you did for me! So many problems so little time and no help until you. Thank you a million times over.Susan
    Dear Sal, We appreciate all you, David and Danielle have done for us. Your professionalism and kindness are unmatched. We truly feel you had our young family’s interest at heart. We are able to move forward and begin the next chapter in our lives with a clean financial slate. Thank you all again! Sincerely,C and J
    Dear Adam & Sal, This is a real success story and I couldn’t have done it without you! I am forever grateful for your services. LHM was highly recommended by our corporate attorney. When I came to you, my company was on the brink of failure. You explained all the options to me and we chose a Chapter 11 Bankruptcy Reorganization. You helped me overcome my fears about bankruptcy. Everyone at LHM was professional, knowledgeable, and available. You really got to know my business inside and out and negotiated in my best interest. LHM fees came in according to budget. Even the judge stated my case was the “model debtor that the bankruptcy courts were designed for.” The outcome was beyond my expectations. I was able to successfully restructure the company and I am enjoying being profitable! Jay Katz President CosmeticMall.comJay Katz

LH&M is considered a debt relief agency.
LH&M helps people file for bankruptcy relief under the Bankruptcy Code.

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