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Adversary Proceedings

I have successfully represented Plaintiffs and Defendants in more than 60 Adversary Proceedings. In many of these cases, I were able to get the case dismissed by filing one or more Rule 12(b)(6) Motions to Dismiss. Cases in which we achieved this result include, but are not limited to Edward Akselrod v. Hamid Reisi Case No. 1:09-ap-01429-KT (unintelligible complaint), Robin Kristie Nicholls v. Nasima Sharifi Case No.1:09-ap-01535-GM (alleged Defendant injured Plaintiff while driving drunk but Defendant was not driving, she loaned her car to her son who was driving), NattyMac Capital v. Jonathan Graham Case No.1:10-ap-01006 (alleged false representation in writing to a bank). Deok Rye Yoon v. Jennie Santa Maria, Case No. : 2:11-ap-02541-BB (alleged debtor obtained money by fraud).

We are not afraid to go to trial on Adversary Proceeding Cases. In our most recent trial, American Contractors Indemnity Company v. Andre Haghverdian, Case No. 2:13-ap-01363-PC, the Plaintiff sought to deny the discharge of my client pursuant to 11 U.S.C. Section 727(a)(2), (a)(3), (a)(5) and (a)(6).  The Plaintiff alleged that our client transferred, removed, or concealed property of the estate, concealed, destroyed or failed to keep adequate financial records, made false oaths as specified in 11 U.S.C. Section 727(a)(4), failed to explain satisfactorily his alleged loss of assets, and refused to obey lawful orders of the Bankruptcy Court.  Plaintiff took extensive discovery, including document requests, interrogatories, requests for admission and numerous depositions.  After a four day trial, United States Bankruptcy Court Judge Peter Carroll ruled completely in favor of my client.  Judge Carroll’s Memorandum Decision and Judgment in favor or my client were entered on May 9, 2014.  Judge Carroll ordered that “the Complaint of American Contractors Indemnity Company for Denial of Discharge Pursuant to 11 U.S.C. Section 727(a)(2), (a)(3), (a)(4), (a)(5) and (a)(6) I dismissed with prejudice.” Because of me and the work that my firm and I did for him, my client was able to discharge more than $800,000.00 in debt and finally get rid of a very aggressive, persistent creditor.

In another notable trial, Rose Zoltek-Jick and Todd Jick v. James Robert Swan Case No. 2:09-ap-02026-BR, the Plaintiffs alleged that our client willfully and maliciously injured them by intentionally violating a court order and demanded no less than $330,000.00 to settle the matter. We went to trial and won completely. The Plaintiffs got nothing. In the Judgment entered May 4, 2011, United States Bankruptcy Court Judge Barry Russell found that the debtor did not intend to injure the Plaintiffs nor did he intend to injure their property. He granted judgment in favor of our client and against the Plaintiffs.

In a significant Chapter 13 Adversary Proceeding case, Randy Nachtrieb v. Jan M. Hahn, 8:09-ap-01403-TA, I represented a Creditor Plaintiff and obtained a judgment against the debtor for $250,000.00 in which the court determined the debt to be nondischargeable under 523 (a) (2), (4) and (6) (false pretenses, false representations and actual fraud while acting in a fiduciary capacity, and willful and malicious injury inflicted upon the Plaintiff by the Defendant).

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MICHAEL JAY BERGER

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