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
Convicted Criminal Seeks to Compel Receiver to Protect his Assets
Post number 5291
See the video at and at and at https://www.zalma.com/blog plus more than 5250 posts.
The Work of a Court Appointed Receiver is Constitutionally Protected
In Simon Semaan et al. v. Robert P. Mosier et al., G064385, California Court of Appeals, Fourth District, Third Division (February 6, 2026) the Court of Appeals applied the California anti-SLAPP statute which protects defendants from meritless lawsuits arising from constitutionally protected activities, including those performed in official capacities. The court also considered the doctrine of quasi-judicial immunity, which shields court-appointed receivers from liability for discretionary acts performed within their official duties.
Facts
In September 2021, the State of California filed felony charges against Simon Semaan, alleging violations of Insurance Code section 11760(a) for making...
When There are Two Different Other Insurance Clauses They Eliminate Each Other and Both Insurers Owe Indemnity Equally
Post number 5289
In Great West Casualty Co. v. Nationwide Agribusiness Insurance Co., and Conserv FS, Inc., and Timothy A. Brennan, as Administrator of the Estate of Pat- rick J. Brennan, deceased, Nos. 24-1258, 24-1259, United States Court of Appeals, Seventh Circuit (February 11, 2026) the USCA was required to resolve a dispute that arose when a tractor-trailer operated by Robert D. Fisher (agent of Deerpass Farms Trucking, LLC-II) was involved in a side-impact collision with an SUV driven by Patrick J. Brennan, resulting in Brennan’s death.
Facts
Deerpass Trucking, an interstate motor carrier, leased the tractor from Deerpass Farms Services, LLC, and hauled cargo for Conserv FS, Inc. under a trailer interchange agreement. The tractor was insured by Great West Casualty Company with a $1 million policy limit, while the trailer was insured by Nationwide Agribusiness Insurance Company with a $2 million ...
Opiod Producer Seeks Indemnity from CGL Insurers
Post number 5288
Read the full article at https://lnkd.in/guNhStN2, see the full video at https://lnkd.in/gYqkk-n3 and at https://lnkd.in/g8U3ehuc, and at https://zalma.com/blog plus more than 5250 posts.
Insurers Exclude Damages Due to Insured’s Products
In Matthew Dundon, As The Trustee Of The Endo General Unsecured Creditors’ Trust v. ACE Property And Casualty Insurance Company, et al., Civil Action No. 24-4221, United States District Court, E.D. Pennsylvania (February 10, 2026) Matthew Dundon, trustee of the Endo General Unsecured Creditors’ Trust, sued multiple commercial general liability (CGL) insurers for coverage of opioid-related litigation involving Endo International PLC a pharmaceutical manufacturer.
KEY FACTS
Beginning as early as 2014, thousands of opioid suits were filed by governments, third parties, and individuals alleging harms tied to opioid manufacturing and marketing.
Bankruptcy & Settlements
Endo filed Chapter 11 in August 2022; before bankruptcy it ...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lost the ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah. Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and wonder how did all these wonderful things come into being. Jews believe the force we call G_d created the entire universe and everything in it. Jews feel G_d is all seeing and knowing and although we can’t see Him, He is everywhere and in everyone.We understand...
Passover for Americans
Posted on February 19, 2026 by Barry Zalma
Read the full article at https://www.linkedin.com/pulse/passover-americans-barry-zalma-esq-cfe-5vgkc.
“The Passover Seder For Americans”
For more than 3,000 years Jewish fathers have told the story of the Exodus of the enslaved Jews from Egypt. Telling the story has been required of all Jewish fathers. Americans, who have lived in North America for more than 300 years have become Americans and many have lostthe ability to read, write and understand the Hebrew language in which the story of Passover was first told in the Torah.
Passover is one of the many holidays Jewish People celebrate to help them remember the importance of G_d in their lives. We see the animals, the oceans, the rivers, the mountains, the rain, sun, the planets, the stars, and the people and ...
You Get What You Pay For – Less Coverage Means Lower Premium
Post number 5275
Posted on January 30, 2026 by Barry Zalma
See the video at and at
When Experts for Both Sides Agree That Two Causes Concur to Cause a Wall to Collapse Exclusion Applies
In Lido Hospitality, Inc. v. AIX Specialty Insurance Company, No. 1-24-1465, 2026 IL App (1st) 241465-U, Court of Appeals of Illinois (January 27, 2026) resolved the effect of an anti-concurrent cause exclusion to a loss with more than one cause.
Facts and Background
Lido Hospitality, Inc. operates the Lido Motel in Franklin Park, Illinois. In November 2020, a windstorm caused one of the motel’s brick veneer walls to collapse. At the time, Lido was insured under a policy issued by AIX Specialty Insurance Company which provided coverage for windstorm damage. However, the policy contained an exclusion for any loss or damage directly or indirectly resulting from ...
