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Riezman Berger, P.C. Defeats $74,000,000 Claim By U.S. Trustee In Chicago Bankruptcy Case

Nelson Mitten and Frederick J. Berger successfully won a major defeat and rejection of the claims of fraudulent transfer by the U.S. Trustee in the case of In Re: Estate of Chicago Truck Center, Inc. vs. General Motors Acceptance Corporation. The U.S. Trustee was asserting that General Motors Acceptance Corporation was liable for approximately $74,000,000 of alleged fraudulent transfers. As the Court focused on the evidence presented at trial Nelson Mitten, “This court concludes that GMAC was trying to help CTC retain Penske as a customer. It may have profited by financing CTC, but capitalism is not offensive.” This case is the latest in string of victories by Nelson Mitten at the Circuit Court, Appellate and Missouri Supreme Court cases. When asked about the stunning victory, Nelson Mitten’s stated “The key to winning lawsuits is being prepared at every step of the lawsuit, and being able to stay focused on key evidence that supports the client’s position in the case.”

Nelson L. Mitten’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. 

Nelson is licensed in Missouri and Illinois, in the U.S. Court of Appeals for the Eighth Circuit, in the U.S. District Courts for the Eastern and Western Districts of Missouri and in the Central, Northern and Southern Districts of Illinois. 

Since joining the firm in 1976, Frederick J. Berger has built a strong practice in the areas of Business Litigation, 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 business litigation, 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.

Fred has lectured extensively on issues related to environmental law, real estate, mergers and acquisitions and family succession planning, and he has also been involved in the drafting of pollution control ordinances for St. Louis County and has testified before the Missouri Department of Natural Resources regarding the promulgation of rules and regulations for pollution control. Over the course of his career, Fred has successfully closed over $1 Billion dollars in Mergers and Acquisitions, and his representation of real estate developers throughout the United States in commercial real estate transactions involving business centers, hotels and independent and assisted living centers, in total, exceeds of $500 Million dollars in development costs. Fred has been named by the Continental Who’s Who Registry of National Business Leaders, and the St. Louis County Municipal League. Fred also represented St. Louis Fans, Inc. to successfully relocate the Rams National Football team to St. Louis.

Fred is licensed to practice law in Missouri (State and Federal Court), Tennessee, Oklahoma, Illinois and Wisconsin, and is a member of the Bar Association of Metropolitan St. Louis, the Missouri Bankers Association, the Missouri Automobile Dealers Association, the Illinois Dealers Association and the Illinois Bankers Association. Fred has also been admitted to practice before the United States District Court of the Western District of Missouri.

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