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Oct 5, 2015

Brutzkus Gubner Prevails Again in Representation of Chapter 7 Trustee

Richard Burstein, along with Michael Davis and Susan Baker, obtained yet another favorable judgment on behalf of David Seror, Chapter 7 trustee. After Brutzkus Gubner appeared before United States Bankruptcy Judge Maureen Tighe in a contested trial and successfully avoided two liens placed pre-petition on the debtors’ residence as fraudulent, the defendant sought review from the Bankruptcy Appellate Panel. The Panel affirmed Judge Tighe’s fact findings and conclusions, and agreed with Brutzkus Gubner’s position that the defendant had not properly preserved many of her legal issues at trial. In addition, the Panel reiterated its prior decision on the length of the avoidance period for a trustee and provided guidance on an issue of first impression in California relating to the reach back period in a published Opinion.

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