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.
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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.