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:

Judgment awarded to the Chapter 7 Trustee in the sum of $185,612.00, together with taxable costs, and interest thereon at the Federal rate, after trial.  On appeal, the District Court affirmed the award.  Schneider v. Barnard, 508 B.R. 533 (E.D.N.Y. Apr. 2, 2014).

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.

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