THOMAS H. CASEY, Chapter 7 Trustee of The Estate 779 Stradella, LLC Versus Paul J. Manafort and Jeff Yohai, Bankruptcy, Dated 11/16/2018 31-Pages

Case 8:18-ap-01076-CB Doc 9 Filed 11/16/18 Entered 11/16/18 10:12:38 Desc
Main Document Page 1 of 31
1 WEILAND GOLDEN GOODRICH LLP

Jeffrey I. Golden, State Bar No. 133040
2 jgolden@wgllp.com
Faye C. Rasch, State Bar No. 253838
3 frasch@wgllp.com
650 Town Center Drive, Suite 950
4 Costa Mesa, California 92626
Telephone 714-966-1000
5 Facsimile 714-966-1002
6 Attorneys for Thomas H. Casey,

Chapter 7 Trustee
7
8 UNITED STATES BANKRUPTCY COURT
9 CENTRAL DISTRICT OF CALIFORNIA
10 SANTA ANA DIVISION
11 In re Case No. Case No. 8:16-bk-15156-CB

Weiland, Golden Goodrich LLP
12 779 STRADELLA, LLC, a Delaware limited

liability company, Chapter 7 Case
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
65 0 To w n Ce nt er Dr iv e, Su i te 9 5 0
13
Cos ta Mes a, C a l if or n i a 9 26 2 6
Debtor.
14
15 Adv. No. _8:18-ap-01076-CB______________

THOMAS H. CASEY, Chapter 7 Trustee of the
16 Estate 779 Stradella, LLC FIRST AMENDED COMPLAINT:
17 Plaintiff,
v. (1) TO AVOID AND RECOVER
18 FRAUDULENT TRANSFER
PAUL J. MANAFORT, an individual, and PURSUANT TO 11 U.S.C. §§ 544(b)
19 JEFF YOHAI, an individual, AND 550, AND CALIFORNIA CIVIL
CODE §§ 3439.04(a)(1), 3439.07 AND
20 Defendants. 3439.09;
(2) TO AVOID AND RECOVER
PURSUANT TO 11 U.S.C. §§ 544(b)
22 AND 550, AND CALIFORNIA CIVIL
CODE §§ 3439.04(a)(2), 3439.07 AND
23 3439.09;
PURSUANT TO 11 U.S.C.
25 §§ 548(a)(1)(A) AND 550;
PURSUANT TO 11 U.S.C.
27 §§ 548(a)(1)(B) AND 550;
28 PREFERENTIAL TRANSFER
1194951.1 1 COMPLAINT
1 PURSUANT TO 11 U.S.C. §§ 547(b)

AND 550; AND
2 (6) TO PRESERVE AVOIDED
TRANSFERS PURSUANT TO 11 U.S.C.
3 § 551
6 Thomas H. Casey, the chapter 7 trustee ("the Trustee" or “Plaintiff”) of the estate ("the
7 Estate") of 779 Stradella LLC ("Debtor"), respectfully alleges as follows:
8 STATEMENT OF JURISDICTION AND VENUE

9 1. The Bankruptcy Court has jurisdiction over this adversary proceeding pursuant to 28
10 U.S.C. §§ 157 and 1334 and 11 U.S.C. §§ 323, 541, 542, 543, 548, 549, 550 and 551. The instant
11 adversary proceeding is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (C), (E) and (O).
12 2. Venue properly lies in this judicial district in that the civil proceeding arises under
13 title 11 of the United States Code as provided in 28 U.S.C. § 1409.
14 3. This adversary proceeding arises out of and is related to the case entitled In re 779
Weiland Golden Good rich LLP
15 Stradella, LLC, a chapter 7 case current pending in the United States Bankruptcy Court, Central
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 District of California, the Honorable Catherine E. Bauer presiding ("the Bankruptcy Case").
17 PARTIES TO THE ACTION

18 4. Plaintiff is the duly-appointed chapter 7 trustee of the Bankruptcy Estate.
19 5. Upon information and belief, Paul Manafort (“Manafort”) is an individual residing
20 in Alexandria, Virginia.
21 6. Upon information and belief, Jeff Yohai ("Yohai") is the managing member of
22 Baylor Holding LLC (“Baylor”).
23 STATEMENT OF STANDING
24 7. Plaintiff has standing to bring this action pursuant to 11 U.S.C. §§ 323, 541, 542,
25 543, 549, 550, and 551.
26 GENERAL ALLEGATIONS
27 8. Plaintiff incorporates each and every allegation contained in paragraphs 1 through 7,
28 as though fully set forth herein.
1 9. On December 21, 2016, the Debtor filed a voluntary petition for relief under
2 chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code.”) Upon a motion by the
3 United States Trustee, the Debtor’s case was converted to one under chapter 7 by order entered on
4 December 1, 2017. Thomas H. Casey was appointed the chapter 7 trustee on December 4, 2017.
5 10. The Plaintiff is informed, believes, and alleges that the Debtor’s sole asset is the
6 single-family residence located at 779 Stradella Road, Los Angeles, California 90077, Assessor’s
7 Parcel No.:4369-022-017 (the “Property”).
8 11. The Plaintiff is informed, believes, and alleges that in Schedule A of Debtor’s
9 bankruptcy schedules filed on January 27, 2017 (the "Schedules"), the Debtor listed the Property
10 and indicated the current value of its interest in the Property to be $8,673,143 [Dkt. No. 33].
11 12. The Plaintiff is informed, believes, and alleges that in Schedule D, the Debtor listed,
12 a second position secured claim against the Property in the form of a Deed of Trust in favor of
13 Manafort (“Manafort Deed of Trust”) in the amount of $2,709,690.00 [Dkt. No. 33].
14 13. The Manafort Deed of Trust states that it secures “the indebtedness evidenced by a
15 promissory note dated March 30, 2016.” A true and correct copy of the Manafort Deed of Trust is
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 attached hereto as Exhibit “A.”
17 14. Plaintiff is informed, believes, and alleges that the Debtor purported to the grant the
18 Manafort Deed of Trust (“Transfer”) on or about December 19, 2016 – just two days before the
19 Petition Date but almost 9 months after the alleged promissory note. The Manafort Deed of Trust
20 was recorded on December 20, 2016 – the day before the Petition Date.
21 15. Plaintiff is informed, believes, and alleges that Yohai is a member of Baylor. Baylor
22 is the managing member of the Debtor.
23 16. Plaintiff is informed, believes, and alleges that Yohai is the former son-in-law and
24 real estate partner of Manafort.
25 17. Plaintiff is informed, believes, and alleges on December 1, 2016, Yohai executed a
26 Power of Attorney (“POA”) appointing Manafort as his attorney in fact and authorizing Manafort
27 to act on his behalf. A true and correct copy of the POA is attached hereto as Exhibit “B.”
28
1 18. The Manafort Deed of Trust was executed by “Jeff Yohai, by Paul J. Manafort as
2 Attorney-in-Fact, by Paul J. Manafort.”
3 19. Plaintiff is informed, believes, and alleges that also on December 1, 2016, Yohai
4 executed a corporate resolution, as a member of Baylor, appointing Manafort as the managing
5 member of Baylor. A true and correct copy of the corporate resolution is attached hereto as Exhibit
6 “C.”
7 20. Plaintiff is informed, believes, and alleges that Manafort did not loan any funds to
8 the Debtor but rather made a capital contribution the Debtor. The closing statement for the Property
9 (along with its notes) suggest that Manafort’s wife and Baylor deposited certain of the funds used
10 to purchase the Property. A true and correct copy of the closing statement and notes is attached
11 hereto as Exhibit “D.”
12 21. Plaintiff is informed, believes, and alleges that Manafort has an equity interest in
13 Baylor.
14 FIRST CLAIM FOR RELIEF

15 (To Avoid and Recover Preferential Transfer Pursuant to 11 U.S.C. §§ 547 and 550)
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 22. Plaintiff incorporates each and every allegation contained in paragraphs 1 through
17 21, inclusive, as though fully set forth herein.
18 23. The Trustee is informed, believes, and alleges that the Transfer was a transfer of an
19 interest of the Debtor in property.
20 24. The Trustee is informed, believes, and alleges that the Transfer occurred less than
21 60 days prior to the Petition Date.
22 25. The Trustee is informed, believes, and alleges that the Transfer was made to or for
23 the benefit of Defendant Manafort.
24 26. The Trustee is informed, believes, and alleges that the Transfer was made to
25 Defendant Manafort on account of an alleged antecedent debt.
26 27. The Trustee is informed, believes, and alleges that the Transfer was made while
27 Debtor was insolvent.
28
1 28. The Trustee is informed, believes, and alleges that by reason of the Transfer,
2 Defendant Manafort obtained more than it would have received in the chapter 7 case if the Transfer
3 had not been made.
4 29. By reason of the foregoing, the Transfer is avoidable as a preferential transfer
5 pursuant to 11 U.S.C. § 547(b).
6 30. The Trustee is entitled to set aside the Transfer pursuant to 11 U.S.C. § 547(b) and
7 to recover the Transfer or the equivalent value of the Transfer from Defendant for the benefit of the
8 Estate pursuant to 11 U.S.C. § 550.
9 SECOND CLAIM FOR RELIEF
10 (To Avoid Transfer and Recover Intentionally Fraudulently
11 Transferred Property Under 11 U.S.C. §§ 544(b) and 550,
12 and Cal. Civ. Code §§ 3439.04(a)(1), 3439.07 and 3439.09)
13 31. Trustee incorporates each and every allegation contained in paragraphs 1 through

15 32. Upon information and belief, the Transfer occurred just two days prior to the
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 Petition Date.
17 33. The Transfer was made with the actual intent to hinder, delay or defraud the
18 Debtor's creditors.
19 34. Creditors existed at the time of the Transfer that remained unpaid as of the Petition
20 Date.
21 35. The Debtor made the Transfer to or for the benefit of Defendant Manafort.
22 36. The Debtor received no or inadequate consideration from Defendant Manafort.
23 37. The Trustee is informed and believes, and on that basis alleges, that at the time of
24 the Transfer, there was no obligation due and owing to Defendant Manafort.
25 38. The Debtor was insolvent at the time of the Transfer and/or was rendered insolvent
26 by virtue of the Transfer.
27 39. By reason of the foregoing, the Transfer is avoidable, and Trustee is entitled to set
28 aside the Transfer pursuant to 11 U.S.C. § 544(b) and California Civil Code §§ 3439(a)(1), 3439.07
1 and 3439.09 and Trustee is entitled to recover the Transfer or the value of the Transfer for the
2 benefit of the Estate pursuant to 11 U.S.C. § 550.
3 THIRD CLAIM FOR RELIEF
4 (To Avoid Transfer and Recover Constructively Fraudulently
5 Transferred Property Under 11 U.S.C. §§ 544(b) and 550, and
6 Cal. Civ. Code §§ 3439.04(a)(2), 3439.07 and 3439.09)
9 41. At the time of the Transfer, the Debtor was engaged or was about to engage in a
10 business or a transaction for which the remaining assets of the Debtor were unreasonably small in
11 relation to the business or transaction.
12 42. At the time of the Transfer, the Debtor intended to incur, or believed or reasonably
13 should have believed that it would incur, debts beyond its ability to pay as they became due.
14 43. The Transfer was made to and for the benefit of Defendant Manafort.
15 44. The Debtor did not receive reasonably equivalent value for making the Transfer and
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 did not make the Transfer in good faith.
17 45. By reason of the foregoing, the Transfer is avoidable, Trustee is entitled to set aside
18 the Transfer pursuant to 11 U.S.C. § 544(b) and California Civil Code §§ 3439(a)(2), 3439.07 and
19 3439.09, and Trustee is entitled to recover the Transfer or the value of the Transfer for the benefit
20 of the Estate pursuant to 11 U.S.C. § 550.
21 FOURTH CLAIM FOR RELIEF
22 (To Avoid Transfer and Recover Intentionally Fraudulently
23 Transferred Property Under 11 U.S.C. §§ 548(a)(1)(A) and 550)
24 46. The Trustee incorporates each and every allegation contained in paragraphs 1
25 through 45, inclusive, as though fully set forth herein.
26 47. The Trustee is informed, believes, and alleges that the Transfer occurred during the
27 one-year period immediately preceding the Petition Date.
28
1 48. The Trustee is informed, believes, and alleges that the Transfer was made with the
2 actual intent to hinder, delay or defraud Debtor's creditors.
3 49. The Trustee is informed, believes, and alleges that creditors existed at the time of
4 the Transfer that remained unpaid as of the Petition Date.
5 50. The Trustee is informed, believes, and alleges that Debtor made the Transfer to or
6 for the benefit of Defendant Manafort.
7 51. The Trustee is informed, believes, and alleges that Debtor received no consideration
8 or inadequate consideration from Defendant Manafort for the Transfer.
9 52. The Trustee is informed, believes, and alleges that Debtor was insolvent at the time
10 of the Transfer and/or was rendered insolvent by virtue of the Transfer.
11 53. The Trustee is informed, believes, and alleges that Defendant Manafort did not take
12 the Transfer in good faith.
13 54. By reason of the foregoing, the Transfer is avoidable, Plaintiff is entitled to set aside
14 the Transfer pursuant to 11 U.S.C. § 548(a)(1)(A), and Plaintiff is entitled to recover the Transfer
15 or the value of the Transfer for the benefit of the Estate pursuant to 11 U.S.C. § 550.
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 FIFTH CLAIM FOR RELIEF
17 (To Avoid Transfer and Recover Constructively Fraudulently
18 Transferred Property Under 11 U.S.C. §§ 548(a)(1)(B) and 550)
19 55. The Trustee incorporates each and every allegation contained in paragraphs 1
20 through 54, inclusive, as though fully set forth herein.
21 56. The Trustee is informed, believes, and alleges that at the time of the Transfer,
22 Debtor was engaged in or was about to engage in a business or a transaction for which Debtor’s
23 remaining assets were unreasonably small in relation to the business or transaction.
24 57. The Trustee is informed, believes, and alleges that at the time of the Transfer,
25 Debtor intended to incur, or believed or reasonably should have believed that it would incur, debts
26 beyond his ability to pay as they became due.
27 58. The Trustee is informed, believes, and alleges that the Transfer was made to and for
28 the benefit of Defendant Manafort.

1 59. The Trustee is informed, believes, and alleges that Debtor did not receive reasonably
2 equivalent value for making the Transfer.
3 60. The Trustee is informed, believes, and alleges that Debtor did not make the Transfer
4 in good faith.
6 the Transfer for reasonably equivalent value.
8 the Transfer in good faith.
9 63. By reason of the foregoing, the Transfer is avoidable, Plaintiff is entitled to set aside
10 the Transfer pursuant to 11 U.S.C. § 548(a)(1)(B), and Plaintiff is entitled to recover the Transfer
11 or the value of the Transfer for the benefit of the Estate pursuant to 11 U.S.C. § 550.
12 SIXTH CLAIM FOR RELIEF
13 (To Preserve Transfers for the Benefit of the Estate
14 Pursuant to 11 U.S.C. § 551)

T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
17 65. Pursuant to 11 U.S.C. § 551, the Transfer is preserved for the benefit of the Estate as
18 the Transfer is avoidable under 11 U.S.C. §§ 544 and 550 as set forth above.
19
20 WHEREFORE, Plaintiff requests that this Court enter a judgment in favor of Plaintiff and
21 against the Defendants as follows:
22
23 On the First Claim for Relief
24 Avoiding the Transfer and declaring that the Transfer be annulled and rendered void as a
25 preferential transfer and for recovery of the value of the Transfer for the benefit of the Estate.
26 Awarding the Trustee a money judgment against the Defendant in the amount of the
27 Transfer.
28
1 On the Second Claim for Relief
3 fraudulent transfer and for recovery of the value of the Transfer for the benefit of the Estate.
5 Transfer.
6 On the Third Claim for Relief
10 Transfers.
11 On the Fourth Claim for Relief
15 Transfer.
T e l 7 14- 9 66- 1 0 00 F a x 7 1 4- 9 6 6- 1 0 02
16 On the Fifth Claim for Relief
20 Transfer.
21 On the Sixth Claim for Relief
22 For preservation of the Transfer for the benefit of the Estate.
23
24
25
26
27
28
1 On All Claims for Relief
2 For such other and further relief as this Court may deem just and proper.
4 Respectfully submitted,
6 Dated: November 16, 2018 WEILAND GOLDEN GOODRICH LLP
8 By: /s/ Faye C. Rasch

FAYE C. RASCH
9 Attorneys for Chapter 7 Trustee,
Thomas H. Casey
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THOMAS H. CASEY, Chapter 7 Trustee of The Estate 779 Stradella, LLC Versus Paul J. Manafort and Jeff Yohai, Bankruptcy, Dated 11/16/2018 31-Pages

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THOMAS H. CASEY, Chapter 7 Trustee of The Estate 779 Stradella, LLC Versus Paul J. Manafort and Jeff Yohai, Bankruptcy, Dated 11/16/2018 31-Pages

Transféré par

Droits d'auteur :

Case 8:18-ap-01076-CB Doc 9 Filed 11/16/18 Entered 11/16/18 10:12:38 Desc

Main Document Page 1 of 31

1 WEILAND GOLDEN GOODRICH LLP

6 Attorneys for Thomas H. Casey,

8 UNITED STATES BANKRUPTCY COURT

9 CENTRAL DISTRICT OF CALIFORNIA

10 SANTA ANA DIVISION

11 In re Case No. Case No. 8:16-bk-15156-CB

12 779 STRADELLA, LLC, a Delaware limited

15 Adv. No. _8:18-ap-01076-CB______________

1 PURSUANT TO 11 U.S.C. §§ 547(b)

8 STATEMENT OF JURISDICTION AND VENUE

17 PARTIES TO THE ACTION

7 Parcel No.:4369-022-017 (the “Property”).

16 attached hereto as Exhibit “A.”

22 is the managing member of the Debtor.

24 real estate partner of Manafort.

2 Attorney-in-Fact, by Paul J. Manafort.”

4 executed a corporate resolution, as a member of Baylor, appointing Manafort as the managing

11 hereto as Exhibit “D.”

14 FIRST CLAIM FOR RELIEF

17 21, inclusive, as though fully set forth herein.

19 interest of the Debtor in property.

21 60 days prior to the Petition Date.

23 the benefit of Defendant Manafort.

25 Defendant Manafort on account of an alleged antecedent debt.

27 Debtor was insolvent.

3 had not been made.

4 29. By reason of the foregoing, the Transfer is avoidable as a preferential transfer

5 pursuant to 11 U.S.C. § 547(b).

8 Estate pursuant to 11 U.S.C. § 550.

9 SECOND CLAIM FOR RELIEF

10 (To Avoid Transfer and Recover Intentionally Fraudulently

11 Transferred Property Under 11 U.S.C. §§ 544(b) and 550,

12 and Cal. Civ. Code §§ 3439.04(a)(1), 3439.07 and 3439.09)

14 30, inclusive, as though fully set forth herein.

22 36. The Debtor received no or inadequate consideration from Defendant Manafort.

26 by virtue of the Transfer.

2 benefit of the Estate pursuant to 11 U.S.C. § 550.

3 THIRD CLAIM FOR RELIEF

4 (To Avoid Transfer and Recover Constructively Fraudulently

5 Transferred Property Under 11 U.S.C. §§ 544(b) and 550, and

6 Cal. Civ. Code §§ 3439.04(a)(2), 3439.07 and 3439.09)

8 39, inclusive, as though fully set forth herein.

11 relation to the business or transaction.

16 did not make the Transfer in good faith.

20 of the Estate pursuant to 11 U.S.C. § 550.

21 FOURTH CLAIM FOR RELIEF

22 (To Avoid Transfer and Recover Intentionally Fraudulently

23 Transferred Property Under 11 U.S.C. §§ 548(a)(1)(A) and 550)

25 through 45, inclusive, as though fully set forth herein.

27 one-year period immediately preceding the Petition Date.

2 actual intent to hinder, delay or defraud Debtor's creditors.

4 the Transfer that remained unpaid as of the Petition Date.

6 for the benefit of Defendant Manafort.

8 or inadequate consideration from Defendant Manafort for the Transfer.

10 of the Transfer and/or was rendered insolvent by virtue of the Transfer.

12 the Transfer in good faith.

16 FIFTH CLAIM FOR RELIEF

17 (To Avoid Transfer and Recover Constructively Fraudulently

18 Transferred Property Under 11 U.S.C. §§ 548(a)(1)(B) and 550)

20 through 54, inclusive, as though fully set forth herein.

23 remaining assets were unreasonably small in relation to the business or transaction.

26 beyond his ability to pay as they became due.

28 the benefit of Defendant Manafort.

2 equivalent value for making the Transfer.