Asset Recovery & Bankruptcy Litigation

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.