Significant Case Lisitings

STEVEN FENDER, ESQ.
SIGNIFICANT CASE LISTINGS

I. SUMMARY JUDGMENT


A. Bankruptcy Trustee


Bakst v. Smokemist, Inc. (In re Gladstone), 513 B.R. 149 (Bankr. S.D. Fla.
2014) (established adversary proceeding to recover alter ego entities of a
debtor is a core proceeding to be litigated through final judgment in
bankruptcy court)


Walton v. Gladstone (In re Gladstone), Adv. Case No. 11-02378-EPK
(Bankr. S.D. Fla. Sept. 29, 2014) (obtained summary judgment for
plaintiff/trustee setting aside confirmation of chapter 11 plan for fraud under
11 U.S.C. § 1144) (DE 110, 133)


Bakst v. United States (In re Kane & Kane), 479 B.R. 617 (Bankr. S.D. Fla.
2012) (defeated IRS' motion for summary judgment in fraudulent
conveyance action and excluded from trial, under Daubert, IRS' solvency
expert)


Menotte v. Oxyde Chemicals, Inc. (In re JSL Chemical Corp.), 424 B.R. 573
(Bankr. S.D. Fla. 2010) (obtained summary judgment for trustee in preference
action, finding unusual collection activity as a matter of law)


B. Bankruptcy Creditor


Wilcox v. Juerakhan (In re Juerahkan), 544 B.R. 711 (Bankr. M.D. Fla.
2016) (obtained summary judgment for creditor excepting a debt from
discharge under 11 U.S.C. § 523(a)(4) for embezzlement or larceny in
fiduciary capacity)


T.D. Bank, NA v. Gonzalez (In re Gonzalez), Adv. Case No. 12-02241-AJC
(obtained summary judgment under 11 U.S.C. §523(a)(2)(B) for false
financial statements in favor of plaintiff bank) (DE 85)


Carapella v. Bank of America (In re Ojinaka), Adv. Case No. 8: 14-ap-01029-
MGW (Bank. M.D. Fla.) (defeated trustee's attempt to avoid mortgage and
obtained summary judgment of equitable lien for bank concerning invalid
mortgage)

C. Bankruptcy Avoidance Defense


Stettin v. The Dan Marino Foundation, Inc. (In re Rothstein Rosenfeld &
Adler, P.A.),
483 B.R.15 (Bankr. S.D. Fla. 2012) (defeated RRA trustee by
obtaining a summary judgment on fraudulent conveyance clawback because
transferor received a reasonably equivalent value as a matter of law based on
pre-existing contract)


Stettin v. Home Safe Foundation, Inc. (In re Rothstein Rosenfeld & Adler,
P.A.)
, Adv. Case No. 12-01316-RBR (Bankr. S.D. Fla. Oct. 22, 2012)
(defeated RRA trustee by obtaining summary judgment on fraudulent
conveyance clawback because transferor received a reasonably equivalent
value as a matter of law based on public auction, and prohibition of double
recovery under 11 U.S.C. § 550(d)) (DE 38)


Mukamal v. Mansour (In re Palm Beach Partners, LP), 2013 WL 12092587
(Bankr. S.D. Fla. Sept. 12, 2013) (obtained removal of Ponzi presumption of
no value in exchange for interest payments to net winners; establishes basis
for netting rule in case)


D. Non-Bankruptcy


Ocwen Loan Servicing LLC v. Accredited Home Lenders, Inc., 2009 WL
722406 (M.D. Fla. March 18, 2009) (obtained a summary judgment in favor
of mortgage servicer forcing bundler to repurchase portfolio; servicer has
standing to force repurchase of portfolio)


Contini v. United Trophy Mfg. Co., 2007 WL 1696030 (M.D. Fla. June 12,
2007) (obtained a summary judgment for employer in FLSA overtime case
and entitlement to sanctions under 28 U.S.C. § 1927 against Morgan &
Morgan for bringing claim)


Hudson v. International Computer Negotiations, Inc., 2005 WL 3087865
(M.D. Fla. Nov. 16, 2005) (obtained a summary judgment for employer in
ERISA benefits discrimination action)

II. TRIAL


A. Bankruptcy Trustee


Bakst v. United States (In re Kane & Kane), 2013 WL 1197609 (Bankr. S.D.
Fla. Mar. 25 2013) (litigation of fraudulent conveyance claims through trial
against IRS)


B. Bankruptcy Creditor


Airway Center, LLC v. Burg (In re Burg), Adv. Case No. 6:11-ap-00301-KSJ
(obtained denial of discharge under 11 U.S.C. §§ 727(a)(3) and 727(a)(5)
after one-day trial, court commenting in order: "A denial of discharge is a
rare and infrequent event in this Court.") (DE 27, Memorandum Opinion)


In re Bull, Case No. 3: 12-bk-01522-PMG (multi-day trial on substantive
consolidation and alter ego issues in claim allowance and standing litigation)


Caciolo v. Santoro (In re Santoro), Adv. Case. 8:13-ap-00986-MGW (one
day 523(a)(2)(A) trial)


C. Other


Al-Ghena International Inc. et al. v. Cortez Holding Group, Inc., Case No.
0: 13-cv-61557-WPD (team defeated 7-figure fraud claims in 14-day jury trial)

 

 

III. APPEAL


A. Bankruptcy


Benson v. Benson (In re Benson), 441 Fed. Appx. 650 (11th Cir. 2011)
(obtained affirmance of bankruptcy court's ruling after trial that ex-wife's
claim was a domestic support obligation ("DSO"), and setting forth standards
for DSO analysis)


Menotte v. United States (In re Custom Contractors, LLC), 745 F.3d 1342
(11th Cir. 2014) (IRS is a conduit for estimated tax payments, briefs and oral
argument)

 

B. Other


Hoop v. Hoop, 279 F.3d 1004 (Fed. Cir. 2002) (briefs and oral argument
affinning entry of temporary injunction on novel issue of design patent law)


Hudson v. International Computer Negotiations, Inc., 499 F .3d 1252 (11th
Cir. 2007) ( appeal and oral argument concerning award of attorneys' fees and
costs under 28 U.S.C. § 1927 against employment attorney)

 

 

IV. OTHER


Al-Ghena Int'l Corp. v. Cortez Holding Group, Inc., 2016 WL 7469999 (S.D.
Fla. Jan. 7, 2016) (obtained ultimately $75,000 sanction award against opposing
parties for failure to produce proper Rule 30(b)(6) witnesses) (DE 438,439)


Bakst v. Seiden Alder & Associates, P.A. (In re Seiden), Adv. Case No. 15-
01649-PGH (Bankr. S.D. Fla.) ( obtained receiver pendente lite to liquidate
contested law firm receivables) (DE 2, 8)


In re A.B.A. Fire Equipment, Inc., 2012 WL 2564468 (Bankr. S.D. Fla. July 2,
2012 (defeated surcharge claim of chapter 11 DIP under 11 U.S.C. § 506(c) after
363 asset sale)


Menotte v. United States (In re Custom Contractors, LLC), 439 B.R. 544 (Bankr.
S.D. Fla. 2011) (defeated IRS' motion to dismiss avoidance action under
voluntary payment doctrine)


Bakst v. Koeppel (In re Koeppel), Adv. Case No. 10-03120-PGH (Bankr. S.D.
Fla.) ( obtained emergency ex-parte TRO freezing millions of debtor and family
assets pending resolution of adversary proceeding) (DE 2, 6)


In re DV8, Inc., 435 B.R. 738 (Bankr. S.D. Fla. 2010) (successfully disallowed
late claim, ecusable neglect under Rule 9006(b) not applicable in chapter 7)
 

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