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.
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Post 5089
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Read the full article at https://lnkd.in/gziRzFV8, see the full video at https://lnkd.in/gF4aYrQ2 and at https://lnkd.in/gqShuGs9, and at https://zalma.com/blog plus more than 5050 posts.
Hiscox Insurance Company (“Hiscox”) moved the USDC to Dismiss a suit for failure to state a claim because the insured reported its claim more than 60 days after expiration of the policy.
In Mluxe Williamsburg, LLC v. Hiscox Insurance Company, Inc., et al., No. 4:25-cv-00002, United States District Court, E.D. Missouri, Eastern Division (May 22, 2025) the trial court’s judgment was affirmed.
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Plaintiff, the operator of a massage spa franchise, entered into a commercial insurance agreement with Hiscox that provided liability insurance coverage from July 25, 2019, to July 25, 2020. On or about June 03, 2019, a customer alleged that one of Plaintiff’s employees engaged in tortious ...
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Posted on June 2, 2025 by Barry Zalma
Post 5087
See the full video at and at
Read the full article and the full issue of ZIFL June 1, 2025 at https://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-06-01-2025.pdf
Zalma’s Insurance Fraud Letter – June 1, 2025
See the full video at https://lnkd.in/gw-Hgww9 and at https://lnkd.in/gF8QAq4d, and at https://zalma.com/blog plus more than 5050 posts.
ZIFL – Volume 29, Issue 11
The Source for the Insurance Fraud Professional
Read the full article and the full issue of ZIFL June 1, 2025 at https://lnkd.in/gTWZUnnF
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 ...
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Post 5085
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On February 26, 2022, Plaintiff's home was destroyed by a fire. At the time of this accident, Plaintiff had a home insurance policy with Nationwide. Plaintiff reported the fire loss to Nationwide, which refused to pay for the damages under the policy because the home had been vacant for more than 60 days.
Plaintiff filed suit ...
ZIFL Volume 29, Issue 10
The Source for the Insurance Fraud Professional
See the full video at https://lnkd.in/gK_P4-BK and at https://lnkd.in/g2Q7BHBu, and at https://zalma.com/blog and at https://lnkd.in/gjyMWHff.
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/ You can read the full issue of the May 15, 2025 issue at http://zalma.com/blog/wp-content/uploads/2025/05/ZIFL-05-15-2025.pdf
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Professional Health Care Services Exclusion Effective
Post 5073
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In Travelers Casualty Insurance Company Of America v. New Mexico Bone And Joint Institute, P.C.; American Foundation Of Lower Extremity Surgery And Research, Inc., a New Mexico Corporation; Riley Rampton, DPM; Loren K. Spencer, DPM; Tervon Dorsey, individually; Kimberly Dorsey, individually; and Kate Ferlic as Guardian Ad Litem for K.D. and J.D., minors, No. 2:24-cv-0027 MV/DLM, United States District Court, D. New Mexico (May 8, 2025) the Magistrate Judge Recommended:
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Post 5062
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Immigrant Criminals Attempt to Profit From Insurance Fraud
People who commit insurance fraud as a profession do so because it is easy. It requires no capital investment. The risk is low and the profits are high. The ease with which large amounts of money can be made from insurance fraud removes whatever moral hesitation might stop the perpetrator from committing the crime.
The temptation to do everything outside the law was the downfall of the brothers Karamazov. The brothers had escaped prison in the old Soviet Union by immigrating to the United...
