8/05

Elliott S. Cappuccio obtains $9,203,284 judgment in fraudulent transfer trial

Elliott S. Cappuccio obtained a judgment for $9,203,284 after a contested trial in an adversary action styled Helen G. Schwartz, Chapter 7 Trustee for Telespan, Inc., v. Vianet Communications f/k/a Inter-Tel.Net, Inc., Adversary No. 05-05026, in the United States Bankruptcy Court for the Western District of Texas, San Antonio Division. Mr. Cappuccio represented the Chapter 7 Trustee for Telespan, Inc., and asserted fraudulent transfer claims under 11 U.S.C. § 548 and the Texas Uniform Fraudulent Transfer Act, Tex. Bus. & Comm. Code § 24.001 et seq. The Defendant asserted various defenses, including offset, alter ego and single business enterprise. After a trial on the merits, the Bankruptcy Court entered judgment in favor of the Chapter 7 Trustee on all claims.

2/05

Helen G. Schwartz Joins Pulman, Cappuccio, Pullen & Benson as a Partner

Helen G. Schwartz, formerly of Habbeshaw, Kalmans & Schwartz, P.C., will join Pulman, Bresnahan & Pullen, L.L.P., as a partner effective March 1, 2005. Mrs. Schwartz focuses on commercial litigation and bankruptcy, and she serves as a Chapter Seven Panel Trustee for the United States Bankruptcy Court, in the Western District of Texas, San Antonio Division. Mrs. Schwartz has extensive first chair trial experience in bankruptcy litigation and has successfully handled a number of appeals in both bankruptcy and non-bankruptcy cases.

2/05

J. Bradley Jones Joins Pulman, Cappuccio, Pullen & Benson as a Partner

On February 14, 2005, J. Bradley Jones joined Pulman, Cappuccio, Pullen & Benson, LLP, as a partner. Mr. Jones practices primarily in the areas of real estate and finance. Among other things, Mr. Jones regularly represents buyers and sellers in various real estates transactions, and he has extensive experience drafting and negotiating commercial leases on behalf of landlords and tenants. He also represents financial institutions on matters involving lending transactions and foreclosures.

PCP&B Recovers Over $400,000 for Chapter 7 Bankruptcy Estate and Creditors

Randall A. Pulman and Elliott S. Cappuccio recovered more than $400,000.00 for a Chapter 7 Trustee in two adversary actions filed in connection with In re: Toney E. Jennings, in the United States Bankruptcy Court for the Western District of Texas, San Antonio Division, Bankruptcy No. 02-52163-K. In one adversary action, PCP&B asserted claims for reverse alter ego, violations of Title 11, objection to discharge, and substantive consolidation. As a result, the Estate obtained an agreed judgment against the debtor for $500,000.00, plus several hundred thousand shares of stock in various companies. The stock was recently liquidated at auction for approximately $330,000.00.

In the other related adversary action, PCP&B won a summary judgment motion on a preference claim and defeated the defendant's "earmarking" defense. As a result, PCP&B collected $79,000.00 for the benefit of the estate and creditors.

PCP&B Obtains Release of Lien & Recovers $550,000 for Chapter 7 Bankruptcy Estate

In early 2004, Randall A. Pulman and Elliott S. Cappuccio were retained by a Chapter 7 Trustee to serve as general counsel in the case of In re: Track, Inc., in the United States Bankruptcy Court for the Western District of Texas, San Antonio Division, Bankruptcy No. 03-57293. In connection with that proceeding, PCP&B filed an adversary action against corporate insiders and asserted claims for corporate denuding, alter ego, breach of fiduciary duty, equitable subordination, and violations of Title 11 and the Texas Uniform Fraudulent Transfer Act. As a result, PCP&B obtained the release of a lien and recovered approximately $550,000.00 for the benefit of the estate and creditors.

12/04

PCP&B Hires New Associate

Pulman, Cappuccio, Pullen & Benson is pleased to announce that Luke Beshara has joined the firm as an associate attorney. Mr. Beshara is a 2004 graduate of The University of Texas School of Law. His practice will focus on general civil litigation, commercial litigation, and securities law.