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Law Firm Cases

Thomas H. Casey is presently general bankruptcy counsel to Trustee Arturo Cisneros in the case of In re Jeffrey Alan FitzHenry and Helen Christine FitzHenry.  Mr. and Mrs. FitzHenry filed a chapter 11 bankruptcy petition on July 19, 2007.  The primary creditor, Sara Sanderson, filed a $50 Million claim.  The Sanderson claim is 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.  Sanderson’s injuries are so severe and debilitating that, since the day of the shooting, she has been a helpless quadriplegic who will require 24‑hour care for the rest of her life.  The assets of the FitzHenry bankruptcy estate consisted of three operating funeral homes.  To complete the $6.0 Million sale of the three operating funeral homes, Mr. Casey very expeditiously analyzed a variety of complex state regulations, and corporate and bankruptcy law issues, documented a complex two step sale process and obtained Bankruptcy Court approval of the sale. After the Court approved the sale Mr. Casey negotiated and obtained Court approval of a global settlement with judgment creditor Sanderson who has received an interim distribution in the case.  This case is in the process of being closed.

Thomas H. Casey is presently bankruptcy counsel to Chapter 7 Trustee Arturo Cisneros in the case of In re Maged Abu-Assal.  Dr. Abu-Assal (“Debtor”) filed a bankruptcy petition on September 25, 2002. This case was extremely litigious and presented numerous, very complex legal issues. During the lengthy and litigious tenure of this case Mr. Casey 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, the Debtor, who is a neurosurgeon, was incarcerated. He was later released but remains a fugitive to this day. In 2004 Mr. Casey negotiated and obtained Bankruptcy Court approval of a global settlement agreement with Michelle Abu-Assal, the debtor's ex-wife, ("Michelle") and in 2009 he negotiated and obtained Bankruptcy Court approval of a second settlement agreement with Michelle regarding the amount of her allowed claim.  This bankruptcy case is in the process of being closed. 

Thomas H. Casey is presently bankruptcy counsel to Chapter 7 Trustee Weneta M.A. Kosmala in the case of Gregory John Ruehle. Mr. Ruehle and his ex-wife Nancy, a Minnesota resident, had obtained approval of their marital division agreement by a Minnesota Family Court. Mr. Casey commenced litigation against Nancy to avoid and set aside the Minnesota marital division agreement. A settlement was reached requiring the approval of the Minnesota Family Court and the California Bankruptcy Court. The principal asset of the estate, an interest in Minnesota real property, is being marketed for sale per the terms of the settlement agreement.

The Law Office of Thomas Casey, Inc. (“Casey”) was employed as general bankruptcy counsel to Trustee Weneta M.A. Kosmala in the case of In re Esco, LLC.  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 assisted the Trustee in the legal aspects of operating the business in a Chapter 7 case, including obtaining on an emergency basis, Court approval authorizing the Trustee’s business operations and liquidating the physical assets.  Mr. Casey prepared and filed the Trustee’s Emergency Motion To Operate and subsequent motions to continue business operations.  These motions discussed three specific aspects of existing business operations requiring immediate attention: compensation and retention of employees; potential disconnects of crucial services (including utilities and workers compensation); and payments to suppliers.   In addition, the Motion To Operate explained the large warehousing operation in Reno, Nevada, the need to retain the general sales force to continue incentive based sales, and the Debtors’ office operations in California, Washington, Oregon, Arizona  and Texas.  The Firm, on behalf of the Trustee, quickly responded to all of the emergency matters facing the Trustee arising from the Debtor’s business operations in these various states including negotiating and obtaining an order for the use of cash collateral.  
            The Casey Firm reviewed and analyzed the Trustee’s potential causes of action against various vendors for payments made ninety days prior to the bankruptcy filing. Ultimately, out of approximately 500 vendors which had received some payment within the preference period, the Firm narrowed this group down to approximately 308 accounts which were given closer scrutiny and targeted as potential defendants.  After the Firm’s further analysis, 293 demand letters were sent out, responses with asserted defenses were analyzed, and hundreds of written settlement offers and counteroffers with support evidence and legal authority were exchanged with potential defendants.  Eventually the Firm filed and prosecuted 183 complaints based on 11 U.S.C. Sections 547, 548, 549 and 550 (“Avoidance Complaints”). As a result of the Firm’s efforts in litigating the Avoidance Complaints, the Firm recovered $1,953,932.28 in cash on the Avoidance Complaints for the benefit of the bankruptcy estate.  In addition to the cash recovered from the Avoidance Complaints, the Firm also obtained 17 judgments totaling $93,577.95, for a total of $2,047,510.23. 
            Lastly, Mr. Casey addressed those claims filed against the estate involving legal issues such as the priority of claims based upon demands for reclamation, and tax claims asserted to be secured through statutory liens pursuant to the law in the various states where the Debtor operated. The Casey Firm prepared and filed the appropriate objections to these claims.
            As of the closing of the case, the Casey Firm had assisted in bringing almost $3.0 million into the estate for distribution to creditors.