Kaufman, Coren & Ress, P.C.
Two Commerce Square
Suite 3900
2001 Market Street
Philadelphia, PA 19103
215 735 8700
215 735 5170 (fax)

Bankruptcy Litigation

KCR Attorneys have handled major matters in a bankruptcy context for debtors in possession and on behalf of trustees to recover for the debtor's estate.

Representative matters include:

  • American Business Financial Services, Inc., Bankr. D. Del., Bankruptcy Case No. 05-10203 (MFW) (representing chapter 7 trustee and estates to recover damages in a variety of claims against the debtor's former financial institutions, officers and directors, counsel, auditor and others arising out of the collapse of a sub-prime mortgage company). Recovered more than $150 million (including $100 million from the debtor's former underwriters and warehouse lenders, $20 million from the debtor's former counsel, $16.5 million from the debtor's former officers and directors and $17.5 million from the debtor's former auditor). KCR continues to prosecute the trustee's claims against other parties, including the debtor's DIP lender and successor mortgage servicing company.
  • In re Homebanc Mortgage Corp., et al., Bankr. D. Del., Bankruptcy Case No. 07-11079 (KJC) (representing chapter 7 trustee and estates to recover damages against former lender, and asserting claims for, inter alia, breach of contract, turnover, violation of automatic stay, unjust enrichment, avoidance and recovery of preferences, and conversion).
  • In re Elrod Holdings Corp., Bankr. D. Del., Bankruptcy Case No. 06-11164 (BLS) (representing chapter 7 trustee and estate to recover damages against former insiders and affiliates, asserting claims for, inter alia, breach of fiduciary duty, and fraudulent transfer arising out of leverage buyout transaction and subsequent restructuring).
  • In re Hospital Partners of America, Inc., et al., Bankr. D. Del., Bankruptcy Case No.08-12180 (BLS) (representing chapter 7 trustee of failed hospital chain in investigating and analyzing potential claims).
  • In re NewStarcom Holdings, Inc., et al., Bankr. D. Del., Bankruptcy Case No. 08-10108 (CSS) (representing chapter 7 trustee in investigating and analyzing potential claims against the debtor's former officers, directors, equity holders and other insiders).
  • In re Image Masters, Inc., Bankr. E.D. Pa., Bankruptcy Case No. 07-21587 (REF) (representing Chapter 7 trustee and estates to recover damages against financial institutions who received transfers from the debtors - whose principal was convicted and incarcerated for operating a Ponzi Scheme; asserting claims for, inter alia, fraudulent transfers, preferences, avoidance pursuant to § 550 and disallowance of claims).
  • In re The Brown Schools, Inc., Bankr. D. Del., Bankruptcy Case No. 05-10841 (MFW) (represented chapter 7 trustee and estates to recover damages against former officers, directors, and counsel, asserted claims for, inter alia, breach of fiduciary duty, fraudulent transfer and civil conspiracy; settled for $5.1 million).
  • In re Total Containment, Inc., Bankr. E.D. Pa., Case No. 04-13144 (BIF)(represented chapter 11 trustee in claims for, inter alia, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, fraudulent transfer and deepening of the insolvency; asserted claims against shareholders, former officers and directors, and other related parties, and settled for in excess of $6 million; settled potential claims against national bank and received consideration including $500,000 paid to the estate, and subordination of lender's $4 million claim).
  • Asousa Partnership v. Pinnacle Foods, Inc., Bankr. E.D. Pa., Bankruptcy Case No. 01-12295 (recovered $1.6 million judgment on behalf of chapter 11 debtor).
  • In re ATS Products Corp., Bankr. E.D. Pa., Bankruptcy Case No. 01-13220 (successfully represented chapter 7 trustee in lender liability litigation; recovered multi-million dollar settlement).
  • In re Eric J. Blatstein, Bankr. E.D. Pa., Bankruptcy Case No. 96-31813; In re Main, Inc., Bankr. E.D. Pa., Bankruptcy Case No. 96-19098; and In re Blatstein, 192 F.3d 88 (3d Cir. 1999) (prevailed in litigation on behalf of two chapter 7 trustees; recovered a business that was fraudulently transferred and monetary payments to the estates in excess of $3 million).

Commercial Litigation

Lender liability -- KCR attorneys have tried and brought to a plaintiff's verdict a case valued at over $23 million. Busy Bee, et al. v. Wachovia Bank, N.A., C.C.P., Lackawanna County, 97-CIV-5078.

Securities fraud -- KCR attorneys have represented plaintiffs and defendants in securities fraud matters, including class actions, regarding private placement memoranda, SEC filings, tax opinion letters, audit issues and feasibility studies. Herskowitz v. Nutri/System, 857 F. 2d 179 (3d Cir. 1988); In re New York City Shoes Litigation, 1989 U.S. Dist LEXIS 6346 (E.D.Pa.); In Re Bexar County Health Facility Development Corp. Securities Litigation, 130 F.R. D. 602 (E.D.Pa. 1990); Sharp v. Coopers & Lybrand, 649 F. 2d 175 (3d Cir. 1981).

Successor liability -- KCR attorneys have represented plaintiffs seeking to recover from purchasers of a debtor's assets who may be liable for the debtor's liabilities on fraudulent conveyance, mere continuation or de facto merger theories.

Antitrust -- KCR attorneys have represented plaintiffs and defendants in challenges to restraints of trade involving electronic bond trading, HVAC equipment, municipal roofing contracts, marine shipping containers and auction bidding processes. S. Kane & Son, Inc. v. W.R. Grace & Co., 857 F.2d 1464 (3d Cir. 1988); Worldwide Marine Trading Corporation v. Marine Transport Service Corp., 545 F. Supp. 156 (E.D. Pa. 1982); Sitkin Smelting & Refining Co. v. FMC Corp., 575 F. 2d 440 (3d Cir. 1978); They have counseled on antitrust issues for clients in industries involving the manufacture or distribution of flooring, appliances and newspaper insertion machinery.

Insurance -- KCR attorneys have represented insureds in coverage matters against carriers for advertising injury, NGK Metals Corp. v. National Union Fire Insurance Co., 2005 WL 1115925 (U.S.D.C. E.D. Tenn. 2005); in coverage and bad faith claims on D&O policies; and on claims for over-reserving and/or mishandling claims files on workers' compensation policies with retrospectively rated premiums, establishing law on the burden of proof in such cases. Liberty Mutual Insurance Co. v. Marty's Express, Inc., 910 F. Supp. 221 (E.D. Pa. 1996). KCR attorneys are experienced in adjudicating rights of insolvent insurers and those with claims against them.

Business divorce -- KCR attorneys have represented principals in the break up of closely held professional practices and businesses. Delaware Open MRI Radiology Associates, P.A. v. Kessler, 898 A.2d 290 (Del. Ch. 2006).


Employment Disputes

KCR attorneys have represented plaintiffs and defendants in sex and age discrimination cases, matters involving enforcement of post employment restrictive covenants, misappropriation of trade secrets, and terminations of corporate executives.

In Batura, et al. v. Sheriff's Department of the County of Cape May, et al., U.S.D.C.D.N.J. No. 98-CV-27 KCR successfully represented members of the Cape May County Sheriff's Department in civil rights claims against the Sheriff's Department and the county B including claims for discrimination on the basis of race, sex and national origin; recovered $2 Million and permanent injunctive relief.


Criminal Defense and Grand Jury Representation

The firm's attorneys, primarily through Mr. Morris, have handled numerous high-profile criminal trials in the state and federal systems. It is the firm's policy to thoroughly analyze criminal cases in order to achieve the best results whether through trial or settlement. "Not Guilty" verdicts have been obtained in a wide variety of cases, including program fraud, securities fraud, tax, corruption, and civil rights matters.

Expertise in criminal law has enabled the firm to successfully represent numerous companies and their officers before federal grand juries.

The firm believes that in criminal matters, a low-profile is generally in the best interests of the client.


Personal Injury and Products Liability

KCR attorneys have handled personal injury and wrongful death representations of the family of a brain injured plaintiff who committed suicide after being permitted to self-medicate; of a motorist suffering from vertebral artery dissection injury; and of estates of decedents killed in single car accidents. Products liability defense matters include Croydon Plastics Co. v. Lower Bucks Cooling & Heating, 698 A.2d 625 (Pa. Super.1997), appeal denied, 717 A.2d 1028 (Pa. 1998).


Medical Malpractice

Medical malpractice plaintiffs' verdicts in cases involving improper treatment of patient as being HIV-positive and improper catheterization during post-bladder cancer treatment.

     
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Kaufman, Coren & Ress, P.C. • Two Commerce Square • Suite 3900 • 2001 Market Street • Philadelphia PA 19103 • 215 735 8700