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)

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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)