Rachel P. Stoian

Rachel P. Stoian

RACHEL P. STOIAN joined LH&M as an associate in 2010 after completing her LL.M. in Bankruptcy degree at St. John’s University School of Law. Since joining LH&M, Rachel has represented parties in all aspects of the bankruptcy process, including Chapter 7 and 11 trustees, Chapter 7, 11, and 13 debtors, creditors, landlords, plaintiffs and defendants in adversary proceedings, plan administrators, and examiners. The bulk of Rachel’s practice involves the representation of Chapter 7 trustees and the administration and liquidation of Chapter 7 estates of corporate and individual debtors. Rachel also has extensive litigation experience, having represented both plaintiffs and defendants in adversary proceedings, from commencement of actions through discovery, motion practice, trial, and settlement.

Education

  • LL.M. in Bankruptcy, St. John’s University School of Law, 2010
  • J.D., Dean’s List, St. John’s University School of Law, 2009
  • B.A., Honors Distinction, University of California, Berkeley, 2006

Bar Admissions

  • Courts of the State of New York
  • United States District Courts for the Eastern and Southern Districts of New York
  • Courts of the State of California

Publications

  • Why Successor Liability Claims Are Not “Interests in Property” Under Section 363(f), 18 AM. BANKR. INST. L. REV. 697 (2010)
  • Recent Amendments to New York’s Exemption Laws, co-authored with Joseph S. Maniscalco, Esq., THE NASSAU LAWYER (Apr. 2011)
  • Same Sex Couples May be able to File Joint Bankruptcy Petitions, co-authored with David A. Blansky, Esq., THE NASSAU LAWYER (Nov. 2011)

Professional Associations

  • American Bankruptcy Institute
  • Nassau County Bar Association
  • Women’s Bar Association of the State of New York
  • Queens County Women’s Bar Association

Decisions of Interest

In Messer v. LaForte (In re LaForte), Case No. 14-42711-NHL, Adv. Pro. No. 14-O1135-NHL, 2017 Bankr. LEXIS 880 (Bankr. E.D.N.Y. Mar. 30, 2017), the Bankruptcy Court granted LH&M’s motion on behalf of plaintiff Chapter 7 trustee for summary judgment avoiding the transfer of certain real property by the debtor to her estranged husband as a fraudulent transfer pursuant to New York Debtor and Creditor Law sections 273, 275, and 276. LH&M thereafter successfully sold the real property at auction for the benefit of the estate.

 
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