“In mid-2015, a judgment creditor asserting a $38 million claim filed an involuntary bankruptcy proceeding against International Oil Trading Company, LLC, a company owned by Mr. Sargeant which had been a government contractor transporting and supplying fuel to troops during the second Gulf War. The judgment had been the subject of a dispute that had been ongoing for nearly a decade. Mr. Throckmorton and Mr. Rosendorf defended the contested involuntary bankruptcy and ultimately in late 2016 successfully negotiated a settlement of the underlying claim, resulting in the dismissal of the bankruptcy. Mr. Throckmorton and Mr. Rosendorf also continue to serve as bankruptcy counsel to BTB Refining, LLC in the Chapter 11 cases of Trigeant, Ltd. and affiliates in connection with ongoing indemnification claims under the confirmed Plan which resulted in the payment of $52 million to BTB. “
Barry Mukamal is a panel trustee for the Southern District of Florida Bankruptcy Court. He was appointed the Chapter 7 Trustee of Donald Kipnis, a construction executive. Prior to bankruptcy, Mr. Kipnis litigated with the IRS for years before losing in Tax Court. Cori Lopez-Castro led the team that prosecuted the adversary proceeding asserting that the Debtor fraudulently transferred a luxury condominium as part of a premarital settlement agreement 11 years prior to his bankruptcy. The transfer was outside the Florida four-year statute of limitations, but the firm used a novel legal theory that the Trustee, standing in the shoes of the IRS, could seek avoidance of the transfer beyond the time limits set by state law. The reach back period issue was highly litigated. The bankruptcy judge ruled that the Trustee could pursue the transfer and was not time barred. Thereafter, the parties negotiated a settlement highly favorable to the creditors. David Samole also represents Mr. Mukamal as Chapter 7 Trustee in several pending bankruptcy cases administering assets and litigation claims.
Mr. Samole regularly advises DHL Express on bankruptcy related matters when customers of the company file bankruptcy, including negotiation of critical vendor protections, management of ongoing post-petition business activities, and evaluation and defense of preferential transfer claims.
David Rosendorf represents Mr. Mukamal as the Trustee of the Mutual Benefits Keep Policy Trust, a trust formed to administer over 1,500 viaticated insurance policies that had been the subject of a federal S.E.C. receivership. To date, the Trust has distributed over $200 million in death benefits to thousands of investors, and continues to maintain over 1,500 policies with a face value in excess of $500 million. Mr. Rosendorf advises Mr. Mukamal on the continued administration of the Trust, negotiations with the servicer, sales of policies, communications with investors, compliance with trust requirements, and related issues.
Kozyak Tropin & Throckmorton is a complex commercial litigation firm founded in 1982 that focuses its practice on bet-the-company commercial cases, class actions, healthcare and bankruptcy matters.