Partner Steven Jay Katzman and the Bienert Katzman Littrell LLP team, along with Nevada co-counsel, successfully defended a lawsuit brought by the liquidating agent and manager of a mortgage company against BKLW's client, a prominent Las Vegas resident accused of receiving a fraudulent transfer and receipt of stolen property.
Litigating a case of first impression on interpretation of reasonably equivalent value under the Nevada Uniform Fraudulent Transfer Act in cases alleging actual fraudulent transfers, Steve and the BKLW team filed a motion for summary judgment and a countermotion to the plaintiff's motion for partial summary judgment on the fraudulent transfer issues. After full briefing and a hearing on the motions, the United States Bankruptcy Court of the District of Nevada issued its Findings of Fact, Conclusions of Law, and Recommendations regarding the parties' motions in which it recommended that BKLW's motion for summary judgment and countermotion for partial summary judgment be granted.
The plaintiff filed an objection to the bankruptcy court's findings and recommendations with the United States District Court of Nevada, to which BKLW filed a response. Months later, the District Court affirmed the bankruptcy court's findings and recommendations after a de novo review of the record. This paved the way to a successful resolution of the matter and recognition by the plaintiff that BKLW's client did not engage in any wrongful conduct.
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