Creditors' Rights & Bankruptcy

The Firm represents debtors and creditors (both secured and unsecured) in various commercial disputes and collection matters, including the recovery of deposits. Its attorneys also have extensive experience in clawback litigation, where either a bankruptcy trustee or count appointed receiver will seek to recover funds transfered away from an estate in furtherance of a ponzi scheme.

In particular the Firm's attorneys have litigated preference actions under 11 U.S.C. § 547 of the Bankruptcy Code and fraudulent transfer (also known as fraudulent conveyance) actions under 11 U.S.C. § 548 and state law. Analysis of the possible defense to these types of claims are very fact intensive involving timing, the value of the goods and services received, standing, the good faith of the recipient, and the in pari delicto defense.

Mr. Assouline, in particular, has taken many cases to judgment and seized judgment debtors' assets, funds, and property, whether through garnishment proceedings, proceedings supplementary, or by levy upon execution, with the assistance of the United States Marshal and/or the County Sheriff, all as part of the collection process.

Mr. Assouline has also represented numerous court appointed receivers and has extensive experience litigating cases involving judgment collection that often end up in bankruptcy court, as an effort to stave off further collection efforts.

Mr. Assouline was lead litigation counsel for a multi-national federal court receivership action, in which he filed numerous recovery actions seeking the return of funds fraudulently transferred in connection with a giant Ponzi scheme. These actions were brought against dozens of different defendants, including many high profile individuals and located in different states and the coordination with the Federal Bureau of Investigation. Many of these actions were filed to recover "false profits" received by individuals through the fraud.