Bankruptcy Court Rules Against Lawyer-Felon Over Title to Real Property
Post 5046
Posted on April 11, 2025 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/disbarred-criminal-lawyer-unable-fool-bankruptcy-zalma-esq-cfe-9pn7c, see the full video at https://rumble.com/v6rwykj-disbarred-criminal-lawyer-was-unable-to-fool-bankruptcy-court.html and at https://youtu.be/VuKOHkdXRQI and at https://zalma.com/blog plus more than 5000 posts.
The litigation in the US Bankruptcy Court involved a dispute over the ownership of a property located at 1999 Deerfield Road, Watermill, New York. The Plaintiffs claim that a 2015 deed transferring the property to the Debtor was fraudulent and seek to have it declared void. The Defendants argued that the Plaintiffs’ claims are barred under various legal theories, including judicial estoppel, res judicata, laches, unclean hands, and adverse possession.
In In re: RJT Food & Restaurant, LLC, Debtor, 2027 Deerfield Ltd And George Guldi Family Trust Of April 19, 2000 v. RJT Food & Restaurant, LLC, Richard Bivona, Danmik Investors LLC, Estate Of Robert Voto And Pensco Trust Company, F/B/O Edith K. Spiegel, IRA, No. 23-70447 (REG), Adv. Pro. No. No. 24-08007 (REG), United States Bankruptcy Court, E.D. New York (April 4, 2025) found that the Plaintiffs’ claims are barred by judicial estoppel and res judicata, but denied summary judgment based on tax estoppel, equitable estoppel, laches, unclean hands, adverse possession, and ratification of the 2015 deed.
FACTS
George Guldi’s Criminal History
On March 25, 2009, the Suffolk County District Attorney indicted Guldi, an attorney, for his participation in a mortgage fraud scheme. Later that year, Guldi was indicted in Suffolk County for theft of insurance funds. Guldi pled guilty in the 2009 Mortgage Fraud Case, and after a trial was convicted in the 2009 Insurance Fraud Case. Guldi was sentenced to a prison term of three to six years for grand larceny, and one to three years for insurance fraud. Guldi remained incarcerated from February 2011 until July 2017 when his conviction in the 2009 Insurance Fraud Case was overturned on appeal based on a finding of reversible error resulting from the trial court’s denial of Guldi’s challenge to one of the jurors.
In 2019, Guldi was indicted again, this time by the United States Attorney’s Office for the Southern District of New York for offenses committed during his prior incarceration. Guldi was convicted of wire and bank fraud in the 2019 Bank Fraud Case.
In August 2023, he was sentenced to three years in prison and directed to pay $358,556 in restitution. Guldi was re-incarcerated in March 2024 and is currently in prison serving his sentence.
DISCUSSION
The Trustee moved for summary judgment arguing that the Plaintiffs’ claims should be dismissed based on judicial estoppel, tax estoppel, equitable estoppel, res judicata, and laches. The Trustee also sought summary judgment on his second counterclaim, for adverse possession
Judicial Estoppel
The Defendants argued that the Plaintiffs should be judicially estopped from asserting any interest in the Property in this case because Guldi, in connection with his criminal matters, repeatedly failed to disclose any interest in, direct or indirect, or any claim to, the Property and/or any income generated by the Property.
Judicial estoppel generally requires that the party to be estopped and the party who took an inconsistent position in a prior proceeding, be the same.
Having determined that judicial estoppel is applicable to the facts of this case, the Court found that the necessary elements of that doctrine have been satisfied.
CONCLUSION
The Court granted the Defendants’ motions for summary judgment, in part, and dismissed Plaintiffs’ claims for declaratory judgment and quiet title with prejudice. The Plaintiffs’ cross-motion for summary judgment was denied.
Although for purposes of summary judgment this Court resolved ambiguities and drew factual inferences in favor of the Plaintiffs, the Court finds it beyond reason that Guldi, a businessman and former lawyer with experience in real estate matters, and also a person with severe financial troubles, could be unaware of the 2015 Deed, the Quiet Title Action or any of Bivona’s actions with respect to the Property, a house in Watermill, NY worth over $3 million.
The tangled web created by Guldi to, in the Court’s view, hide assets from creditors was in part predicated on the assumption that Bivona and other parties could be trusted to fulfill their role in the plan. In the end this appears to be Guldi’s fatal mistake.
ZALMA OPINION
Mr. Guldi proved that a lawyer, although knowledgeable on the law, makes an incompetent fraudster and explains why he is still imprisoned. His claim to title to the real property was barred by judicial estoppel and res judicata. The property stayed in the bankruptcy estate and Guldi’s latest attempt at fraud lost.
(c) 2025 Barry Zalma & ClaimSchool, Inc.
Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.
Subscribe to my substack at https://barryzalma.substack.com/subscribe
Go to X @bzalma; Go to Newsbreak.com https://www.newsbreak.com/@c/1653419?s=01; Go to Barry Zalma videos at Rumble.com at https://rumble.com/account/content?type=all; Go to Barry Zalma on YouTube- https://www.youtube.com/channel/UCysiZklEtxZsSF9DfC0Expg
Go to the Insurance Claims Library – https://lnkd.in/gwEYk
Posted on January 2, 2026 by Barry Zalma
ZIFL – Volume 30 Number 1
THE SOURCE FOR THE INSURANCE FRAUD PROFESSIONAL
See the video at https://rumble.com/v73nifg-zalmas-insurance-fraud-letter-january-2-2026.html and at https://youtu.be/vZC1e-_qwDg
Supreme Court of Louisiana Removes Judge
Judge Who Lied to Get Elected Cannot Serve
In In Re: Judge Tiffany Foxworth-Roberts, No. 2025-O-01127, Supreme Court of Louisiana (December 11, 2025) the Louisiana Supreme Court in an opinion by Chief Justice Weimer dealt with the recommendation of the Judiciary Commission of Louisiana (Commission) that Judge Tiffany Foxworth-Roberts be removed from office for:
1. making false and misleading statements regarding her judicial campaigns;
2. making false and misleading statements to police investigating the reported burglary of her car; and
3. withholding information and providing false, incomplete, or misleading information during the investigation by the Office of Special Counsel (OSC), as well as in the proceedings before the Commission....
Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251
Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.
A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended
In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.
On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.
ADMISSIONS
Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...
Montana County Attorney Admits to Insurance Fraud & Is Only Suspended from Practice for 60 Days
Post 5251
Read the full article at https://lnkd.in/gnBaCjmv, see the video at https://lnkd.in/gfpVsyAd and at https://lnkd.in/gC73Nd8z, and at https://zalma.com/blog plus more than 5250 posts.
A Lawyer Who Commits Insurance Fraud and Pleas to a Lower Charge Only Suspended
In The Matter Of: Naomi R. Leisz, Attorney at Law, No. PR 25-0150, Supreme Court of Montana (December 23, 2025) the Montana Office of Disciplinary Counsel (ODC) filed a formal disciplinary complaint with the Commission on Practice (Commission) against Montana attorney Naomi R. Leisz.
On September 25, 2025, Leisz tendered a conditional admission and affidavit of consent. Leisz acknowledged the material facts of the complaint were true and she had violated the Montana Rules of Professional Conduct as alleged by ODC.
ADMISSIONS
Leisz admitted that in April 2022, her minor son was involved in a car accident in which he hit a power pole. Leisz’s son ...
Court Must Follow Judicial Precedent
Post 5252
Read the full article at https://www.linkedin.com/pulse/sudden-opposite-gradual-barry-zalma-esq-cfe-h7qmc, see the video at and at and at https://zalma.com/blog plus more than 5250 posts.
Insurance Policy Interpretation Requires Application of the Judicial Construction Doctrine
In Montrose Chemical Corporation Of California v. The Superior Court Of Los Angeles County, Canadian Universal Insurance Company, Inc., et al., B335073, Court of Appeal, 337 Cal.Rptr.3d 222 (9/30/2025) the Court of Appeal refused to allow extrinsic evidence to interpret the word “sudden” in qualified pollution exclusions (QPEs) as including gradual but unexpected pollution. The court held that, under controlling California appellate precedent, the term “sudden” in these standard-form exclusions unambiguously includes a temporal element (abruptness) and cannot reasonably be construed to mean ...
Lack of Jurisdiction Defeats Suit for Defamation
Post 5250
Posted on December 29, 2025 by Barry Zalma
See the video at and at
He Who Represents Himself in a Lawsuit has a Fool for a Client
In Pankaj Merchia v. United Healthcare Services, Inc., Civil Action No. 24-2700 (RC), United States District Court, District of Columbia (December 22, 2025)
FACTUAL BACKGROUND
Parties & Claims:
The plaintiff, Pankaj Merchia, is a physician, scientist, engineer, and entrepreneur, proceeding pro se. Merchia sued United Healthcare Services, Inc., a Minnesota-based medical insurance company, for defamation and related claims. The core allegation is that United Healthcare falsely accused Merchia of healthcare fraud, which led to his indictment and arrest in Massachusetts, causing reputational and business harm in the District of Columbia and nationwide.
Underlying Events:
The alleged defamation occurred when United ...
Zalma’s Insurance Fraud Letter
Read the full article at https://lnkd.in/dG829BF6; see the video at https://lnkd.in/dyCggZMZ and at https://lnkd.in/d6a9QdDd.
ZIFL Volume 29, Issue 24
Subscribe to the e-mail Version of ZIFL, it’s Free! https://visitor.r20.constantcontact.com/manage/optin?v=001Gb86hroKqEYVdo-PWnMUkcitKvwMc3HNWiyrn6jw8ERzpnmgU_oNjTrm1U1YGZ7_ay4AZ7_mCLQBKsXokYWFyD_Xo_zMFYUMovVTCgTAs7liC1eR4LsDBrk2zBNDMBPp7Bq0VeAA-SNvk6xgrgl8dNR0BjCMTm_gE7bAycDEHwRXFAoyVjSABkXPPaG2Jb3SEvkeZXRXPDs%3D
Zalma’s Insurance Fraud Letter (ZIFL) continues its 29th year of publication dedicated to those involved in reducing the effect of insurance fraud. ZIFL is published 24 times a year by ClaimSchool and is written by Barry Zalma. It is provided FREE to anyone who visits the site at http://zalma.com/zalmas-insurance-fraud-letter-2/
Zalma’s Insurance Fraud Letter
Merry Christmas & Happy Hannukah
Read the following Articles from the December 15, 2025 issue:
Read the full 19 page issue of ZIFL at ...
