
The Casey Firm has represented many Chapter 7 Trustees from Orange County, Riverside County, and Los Angeles County in hundreds of complex bankruptcy cases including the cases noted below.
In the case of In re Jeffrey Alan FitzHenry and Helen Christine FitzHenry, the Casey Firm represented Trustee Arturo Cisneros. Mr. and Mrs. FitzHenry filed a chapter 11 bankruptcy petition on July 19, 2007. The primary creditor, Sara Sanderson, filed a $50 Million claim based on evidence indicating that on April 29, 2004, while seeking treatment at a Palm Desert women's clinic, 16‑year old Sara Sanderson was shot in the neck in the lobby of the clinic by her 17‑year old boyfriend, Jeffrey Cameron Fitzhenry, who is the Debtors son. Sara Sanderson's injuries from the shooting are so severe and debilitating that she became a quadriplegic who will require 24‑hour care for the rest of her life. The assets of the Chapter 11 FitzHenry bankruptcy estate consisted of three actively operating funeral homes. To complete the $6.0 Million sale of the three operating funeral homes, the Casey Firm very expeditiously analyzed a proposed Chapter 11 plan, a variety of complex state regulations, and corporate and bankruptcy law issues. The Casey Firm documented and obtained Court approval of a complex two step sale process. After the Court approved the sale the Casey Firm negotiated and obtained Court approval of a global settlement with Sara Sanderson who then received an interim distribution to quickly provide her with funds to pay for her immediate care. The final distribution provided for 100% payment to all the other creditors and a final distribution to Sara Sanderson.
The Casey Firm also represented Chapter 7 Trustee Arturo Cisneros in the case of In re Maged Abu-Assal. Dr. Abu-Assal filed a bankruptcy petition on September 25, 2002. Assets of the bankruptcy estate included three operating child care centers in Riverside County involving 342 children and 41 teachers. This case was extremely litigious and presented numerous, very complex legal issues involving bankruptcy and state law. During the lengthy and litigious tenure of this case, the Casey Firm diligently represented the Trustee in a variety of federal and state courts including but not limited to Bankruptcy Court, U.S. District Court, Family Law Court, and the Labor Board. When the bankruptcy case was filed, Dr. Abu-Assal, who had been a neurosurgeon, was incarcerated for violating Family Court Orders. He was later released but remains a fugitive to this day. After eight years of litigation a distribution was made to creditors in 2010.
In the case of In re Esco, LLC, the Casey Firm represented Trustee Weneta M.A. Kosmala. Upon her appointment as Chapter 7 Trustee the involuntary Chapter 11 case was converted to one under Chapter 7. At the time of the Trustee's appointment, the Debtor had ongoing business operations in California, Texas, Colorado, Arizona, Oregon, Nevada and Washington. The principal assets of the estate consisted of existing inventory and receivables, and the going concern value of the Debtor's business as a full service provider of electronic materials and tapes, electronic connectors and components, and electronic hardware and fasteners. The Casey Firm represented the Trustee in the orderly wind down and liquidation of the operating business during the Chapter 7 case, including obtaining on an emergency basis Court approval to operate the business and various sales of the physical assets. The Casey Firm reviewed and analyzed the Trustee's potential causes of action against various vendors. Eventually the Casey Firm filed and prosecuted 183 complaints based on 11 U.S.C. Sections 547, 548, 549 and 550. As a result of the Casey Firm's efforts in litigating these complaints, the Casey Firm recovered $1,953,932.28 for the benefit of the bankruptcy estate. In addition to the cash recovered, the Casey Firm also obtained 17 judgments totaling $93,577.95, for a total of $2,047,510.23. The Casey Firm also litigated various claims filed against the bankruptcy estate. By the time of the closing of the case, The Casey Firm had assisted in recovering almost $3.0 million into the bankruptcy estate for distribution to creditors.The Casey Firm currently represents Chapter 7 Trustee Jason M. Rund in the case of Dennis and Brenda Montgomery. Dennis Montgomery has been featured in various news articles including a front page article on February 19, 2011 in the N.Y. Times, Bloomberg Markets and Playboy. The various news articles allege, among other things, that Dennis Montgomery may have defrauded certain U.S. intelligence agencies through sales of his alleged technology. In order for the Trustee to continue his investigation of the case the Casey Firm negotiated and obtained Court approval of various discovery stipulations with third parties regarding, among other issues, the National Security Act, the Fifth Amendment and certain privileges. The case remains pending.
The Casey Firm currently represents Chapter 7 Trustee Jeffrey I. Golden in the case of United Law Group, Inc. United Law Group, Inc. was a national law firm and filed claims in the case total approximately $20,342,923. On behalf of the Trustee, the Casey Firm filed a motion for a preliminary injunction against certain third parties regarding the alleged transfer of United Law Group, Inc.’s debt settlement program business. After extensive litigation and by Order entered December 22, 2010, the U.S. Bankruptcy Court granted the preliminary injunction. Various litigation matters in this case remain pending.The Casey Firm has represented various parties in Chapter 7 and 11 cases including individual Creditors and Unsecured Creditor's Committees. In the Chapter 11 bankruptcy case of Anacapa Real Estate Investments, LLC, the Casey Firm recently completed representation of the largest creditor, an individual lender who was secured by a Deed of Trust on 56 contiguous acres of unimproved land in Laguna Beach, California. After litigation in the U.S. Bankruptcy Court the Casey Firm obtained an adequate protection order, an order granting the client relief from stay to foreclose, and the dismissal of the Chapter 11 bankruptcy case.
The Casey Firm is representing the Official Unsecured Creditor's Committee in the Chapter 11 case of In re North Valley Mall. The Plan was confirmed and provides that unsecured creditors will receive a 100% dividend plus interest.
The Casey Firm has developed an extensive appellate practice and has represented various parties in over 100 Appeals before the Bankruptcy Appellate Panel, the U.S. District Court, and the U.S. Court of Appeals for the Ninth Circuit.