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Creditors' Committee
Insolvency


Kapila & Company
has provided services to Trustees, secured lenders, financial institutions, and creditors.  Some representations include:
  G-Site Associates
Prime Capital Corporation
Shubitz Rosenbloom, CPAs, PA
General Coffee Corporation (a/k/a Chase & Sanborn Corporation)
Alberto Duque and Domino Investments, Inc.
American Way Service Corporation - liquidating trust
Thomas Aloysius Warmus - liquidating trust
L. Lurias, Inc.

 

G-SITE ASSOCIATES

Kapila & Company was engaged as accountants to the Official Committee of Unsecured Creditors of this real estate and construction partnership involved in the development and sale of single family luxury homes. We assisted the Committee as financial consultants to monitor the financial operations of the Debtor as well as financial and tax matters relating to the preparation of the Plan of Reorganization and Disclosure Statement. We traced flows of assets to the party "benefiting" therefrom. We also investigated insider relationships and voidable transactions, and developed the proof of insolvency for fraudulent transfer litigation.

Following confirmation, the Committee selected Soneet R. Kapila to be the Post-Confirmation President and CEO of the two corporate general partners of G-Site to implement the Liquidating Plan of Reorganization. He oversaw the construction of all remaining homes and pursued causes of action to recover monetary assets. He vigorously litigated causes of action against several creditors to maximize distribution to the remaining constituents.

GENERAL COFFEE CORPORATION (A/K/A CHASE & SANBORN CORPORATION)

Soneet R. Kapila acted as accountant to the Bankruptcy Trustee of the Creditors' Trust to analyze preferential and fraudulent transfers. His investigation and analysis identified multi-million dollars of intricate fraudulent and preferential transfers. He participated in complex and hotly contested litigation resulting in significant recoveries. Mr. Kapila gave expert testimony on the issues of voidable transfers and the proof of insolvency.

ALBERTO DUQUE AND DOMINO INVESTMENTS, INC.

Soneet R. Kapila acted as "special accountant" to the Bankruptcy Trustee for the purpose of proving insolvency of the Debtor. Mr. Kapila's forensic investigation and analysis helped reconstruct the financial position of the Debtor over several years. It culminated in Mr. Kapila presenting expert testimony and the recovery of several million dollars in preferential and fraudulent transfers, all of which were vigorously litigated by major defendants.
 
AMERICAN WAY SERVICE CORPORATION – liquidating trust
THOMAS ALOYSIUS WARMUS – liquidating trust


Kapila & Company was retained by the liquidating trustee of these two multi-million dollar estates to recover fraudulently transferred assets. We analyzed voluminous records to develop a proof of insolvency at various dates, and testified as experts before the bankruptcy court.
 
L. LURIAS, INC.

Kapila & Company was retained as experts by various defendants to assist in the defense analysis relating to alleged preferential and fraudulent transfer recovery actions brought by the Debtor.  Kapila analyzed and testified on issues of solvency, ordinary course, and new value.

 


Trustee
Examiner
Bankruptcy Consulting
Insolvency
Commercial Litigation
Securities Fraud
Receiverships/Assignments
Settlement Administrator
Real Estate and Construction


Significant Engagements
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