Cuddy & Feder Obtains $3.48 Million Judgment, Overcoming Bankruptcy Defense

Litigation Department Co-Chair Andrew Schriever recently obtained a judgment for $3.48 million for fraudulent inducement of a loan, despite the defendant’s attempt to dismiss the claim because of an earlier bankruptcy. While the client’s fraud claim against the defendant existed, the defendant declared bankruptcy and obtained an order discharging his debts. He then tried to argue that the fraud claim should be dismissed on that basis. However, Mr. Schriever was able to obtain an order from the bankruptcy court finding that when a fraud claim existed but could not be reasonably discovered at the time of a bankruptcy, the fraud claim can survive even after the bankruptcy is closed. This paved the way for the case to go forward to obtain the judgment for the client, which now cannot be avoided by the defendant attempting to go back into bankruptcy.

The following materials, and all other materials on this website, are intended for informational purposes only, are not to be construed as either legal advice or as advertising by Cuddy & Feder LLP or any of its attorneys, and do not create an attorney-client relationship between you and Cuddy & Feder LLP. Please seek the advice of an attorney before relying on any information contained herein.


445 Hamilton Avenue
14th Floor
White Plains, NY 10601

T 914.761.1300
F 914.761.5372

New York City

270 Madison Avenue
Suite 1801
New York, NY 10016

T 914.761.1300
F 914.761.5372

Hudson Valley

300 Westage
Business Center
Suite 380
Fishkill, NY 12524

T 845.896.2229
F 845.896.3672


243 Tresser Blvd.
17th Floor
Stamford, CT 06901

T 203.969.9060