Obtaining a money judgment against an adversary is, many times, only half of the battle. Enforcing and collecting a judgment can be the most challenging aspect of civil litigation, especially when debtors fraudulently transfer or attempt to hide their assets.
Bankruptcy trustees, the Securities Commissioner for the State of Maryland, creditors, and court-appointed receivers have retained Kramon & Graham to serve as special litigation counsel in complex asset recovery proceedings.
Our attorneys aggressively represent clients in fraudulent conveyance, preference, and traditional collection claims and handle adversary proceedings employing the doctrine of "continuing concealment" – a doctrine of bankruptcy law that, to the disappointment of debtors, has gained nationwide judicial acceptance. We have recovered millions of dollars for our clients.
Representative Matters
Bankruptcy Judgment Obtained
As special litigation counsel to the Chapter 11 Bankruptcy Trustee, Dave Shuster and Jean Lewis successfully argued before the U.S. Bankruptcy Court for the District of Maryland in Schlossberg, Chapter 11 Trustee v. Vincent Abell et al., Adversary Proceeding No.: 14-00417-TJC, that spoliation by the defendants was so egregious that terminating sanctions were justified. The Court entered a judgment that effectively required the turnover of scores of properties and bank accounts to the firm’s client. The case is significant both for its use of the continuing concealment doctrine in the recovery of assets and for the Court’s opinion on spoliation, which provides the latest, most comprehensive judicial discussion of sanctions for the destruction of ESI.
News
- July 24, 2018
Trial attorneys Jean Lewis and Dave Shuster serve as special litigation counsel to bankruptcy trustees in adversary proceedings. The team was recently engaged by Chapter 11 Trustee Roger Schlossberg to pursue claims against a debtor, his estranged wife, and dozens of companies and family members who were involved in concealing the debtor’s assets.
- May 2, 2016
The United States Bankruptcy Court for the District of Maryland recently delivered a potentially landmark opinion in a case involving spoliation and the concealment of assets by a bankruptcy debtor and his wife.
- May 2, 2016
The U.S. Bankruptcy Court for the District of Maryland recently delivered a potentially landmark opinion in a case involving spoliation and the concealment of assets by a bankruptcy debtor and his wife.
Publications
- January 18, 2018
This month’s American Bankruptcy Trustee Journal features “Litigating Against Bad Debtors: Protecting Against the Spoliation of ESI,” written by Jean Lewis and Dave Shuster, litigation attorneys who have served as special litigation counsel to bankruptcy trustees in several adversary proceedings.
Events
- May 1, 2019
Litigating a bankruptcy case requires specialized skill and knowledge. Join Kramon & Graham principal Jean Lewis and other panelists for an in depth discussion of the procedures and nuances of litigating in bankruptcy court proceedings.
- October 9, 2017
Kramon & Graham attorney Justin Redd will co-present “Without A Trace: Preventing, Spotting and Addressing ESI Destruction,” at the Bar Association Baltimore of Baltimore City.
- May 19, 2017
Kramon & Graham principals Dave Shuster and Jean Lewis will co-present “Preventing, Spotting and Addressing ESI Destruction” at the Maryland State Bar Association Annual Meeting taking place June 14 – 17 in Ocean City, Maryland.
Recognition
- August 10, 2020
Kramon & Graham principal Jean E. Lewis has been named to the 2020 Lawdragon 500 Leading U.S. Bankruptcy & Restructuring Lawyers. Jean is recognized among other distinguished lawyers whose practice focuses on financial restructuring and bankruptcy law.
- October 1, 2019
Kramon & Graham, a leading law firm providing litigation, real estate, and transactional services, has earned top marks in the 2020 edition of Benchmark Litigation, a leading legal guide that provides an in-depth analysis of commercial litigators in the United States.