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Contact:
Nina McCann
Director of Public Relations
Forchelli, Curto, Deegan, Schwartz, Mineo, Cohn & Terrana, LLP
516-248-1700
nmccann@ForchelliLaw.com
Opinion Denying a Creditor’s
Request was Obtained by the Bankruptcy Court on Behalf
of Client by Forchelli, Curto, Deegan Attorneys
October 2009 —The Forchelli, Curto,
Deegan, Schwartz, Mineo, Cohn & Terrana LLP law firm
obtained an opinion denying a creditor’s request
by the Bankruptcy Court. Gary M. Kushner, Brian J. Hufnagel,
and Richard C. Goldberg worked on the briefing (and for
related applications). The decision was a great victory
for the client Gold & Honey
(1995) LP. Gold & Honey operates a jewelry factory
in Israel which had become embroiled in litigation with
the First International Bank of Israel. A chapter 11 bankruptcy
case was commenced on behalf of Gold & Honey in the
United States so that the company could reorganize. The
First International Bank of Israel filed an application
under chapter 15 of the Bankruptcy Code for recognition
of the Israeli receivership proceedings as a foreign main
proceeding. This Firm successfully objected to that application
asserting that the foreign proceedings were solely for
the benefit of the bank and did not qualify as foreign
insolvency proceedings, that the foreign receivers were
appointed in violation of the automatic stay, and that
the receivers offensive violation of the automatic stay
would be a violation of the public policy of the United
States.
Partner Gary M. Kushner concentrates his
practice in the areas of bankruptcy and chapter 11 reorganization,
creditors’ rights,
insolvency and related litigation, civil trial practice
and commercial litigation. Mr. Kushner has represented
a broad range of clients from corporate and personal debtors,
entities which acquire assets from a bankruptcy estate,
landlords, secured and unsecured creditors, and official
committees of unsecured creditors. He has extensive experience
in all aspects of bankruptcy law, including high profile
Chapter 11 cases, workout and debt restructuring, financing
and asset purchase agreements and other loan transactions
primarily presented in a Chapter 11 bankruptcy case. He
focuses a significant portion of his practice on bankruptcy
litigation including preference litigation, other avoidance
actions including recovery of fraudulent conveyances and
non-dischargeability of debt litigation.
Associate Brian
J. Hufnagel concentrates his practice in the areas of bankruptcy,
debtor and creditors' rights, representing lenders and
consumers in foreclosures, and litigation. Mr. Hufnagel
has represented diverse clients in a variety of bankruptcy
cases including representing a creditor in the liquidation
of a large retail chain, representing commercial landlords
seeking relief from the automatic stay, representing chapter
11 debtors including a vitamin manufacturer and a foreign
jewelry manufacturer, as well as prosecuting and defending
preference complaints and other adversary proceedings.
Counsel
Richard C. Goldberg concentrates his practice in pre-litigation
counseling, strategic planning and complex real estate,
commercial, business organization, construction and foreclosure
litigation.
Founded
in 1976, Forchelli, Curto, Deegan, Schwartz, Mineo,
Cohn, & Terrana
LLP is one of Long Island's most acclaimed and distinguished
law firms. Headquartered in Uniondale, NY, the firm is conveniently located for clients in
Nassau and Suffolk. The Firm employs nearly 50 attorneys
who provide counsel to a broad range of clients, including
national, regional and local businesses, major real
estate developers and organizations, banks, insurance
companies, municipalities, educational institutions,
and individuals. Personal attention and quality representation
that is both practical and cost-effective are hallmarks
of the Firm's policy towards clients.
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