Oliner

Oliner v. Kontrabecki

Good Law
2006 Bankr. LEXIS 3291·356 B.R. 1
United States Bankruptcy Court, Northern District of CaliforniaNovember 27, 2006Bankruptcy Nos. 02-30419, 02-30421; Adversary No. 03-3264California6,007 words

Opinion

Lead Opinion

Montali, J.

MEMORANDUM DECISION REGARDING COMPENSATORY CONTEMPT DAMAGES, SECOND BILL OF PARTICULARS

Plaintiff Lehman Brothers Holdings Inc. (“Lehman”) has filed a motion entitled Lehman Brothers Holdings Ine.’s Motion and Memorandum Summarizing and Requesting the Award of Compensatory Contempt Damages Associated with Lehman’s Second Bill of Particulars (the “Motion,” docket no. 1265) together with supporting documents (docket nos. 1264-1279, filed Apr. 13-14, 2006). The Motion covers the period from November 1, 2004, through December 31, 2005. Lehman seeks $3,369,891.52 1 in compensatory contempt *5 damages consisting of $3,239,939.36 in legal fees and $129,952.16 in expenses. For the reasons set forth below the court will award Lehman $3,197,891.02.

II. Background

In violation of the automatic stay John Kontrabecki (“Kontrabecki”) caused the dilution of shares of stock of two Polish subsidiaries that were previously 100% owned by debtor The Kontrabecki Group LP (“TKG”). The dilution reduced TKG’s interest to that of a minority shareholder. This adversary proceeding was commenced by Lehman and Aron M. Oliner, the Chapter 11 Trustee of The Kontrabecki Group Limited Partnership…

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