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Riezman Berger, P.C. Successfully Sues To Replevin Second Auto Dealership In Less Than 6 Months

Nelson L. Mitten and Frederick J. Berger, representing a creditor, were victorious in a replevin of all of the assets of an auto dealer in St. Louis County for the second time in six months. Riezman Berger, P.C. filed a lawsuit to recover the assets of the dealership, and successfully recovered, all of the assets of the dealership. Late in 2008 Riezman Berger, P.C. sued another auto dealership in St. Louis to recover all of the assets due to a conversion of property and the sale of automobiles out of trust. In the course of the lawsuit, Riezman Berger, P.C. also sued a wholesaler to recover the automobiles and monies from the fraudulent transfer. Fred’s approach was that time was of the essence, and the faster a lawsuit could be filed and assets frozen, the better the result for the client.

Both Fred and Nelson have a long and successful history of representing creditors in every aspect of the preparation and enforcement of loan documents.

Fred has built a strong practice in the areas of Business Law, Closely Held Businesses, Mergers and Acquisitions, Communications and Media, Hospitality Law, Hotel Development and Franchise Transactions, Licensing Transactions, Contract Law, Governmental Affairs and Regulations, Municipal Law, Real Estate Transactions, Complex Tax Free Exchanges and Strategies dealing with Disregarded Entities and valuations of fee and leasehold interests, Real Property Leases, Land Development, Zoning Law, Entertainment Law and Offensive/Defensive Business Strategies in land use, legislation and government regulated industries. Fred’s practice centers on the representation of businesses and lenders in general business, employment agreements, non-competition agreements and real estate transactions, as well as commercial lending transactions. Fred’s clients range from start up businesses and middle market companies to Fortune 100 corporations. Fred also represents creditors in lending, workout and foreclosure situations.

Nelson’s areas of practice include civil trials and civil appeals primarily in the areas of general commercial law, commercial torts, creditor’s rights, real estate, and employment litigation. Nelson has been lead counsel for trials and appeals at all levels of both the state and the federal court systems. Many of the successful appeals have resulted in new substantive law being made, including the decision in Investors Title Company v. Hammonds, 218 S.W.3d 288 (Mo. 2007), in which the Missouri Supreme Court held that a subdivision of County government may be liable in a suit for quantum meriut because such a claim was contractual in nature, and therefore sovereign immunity was not applicable.

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