Disabled Florida Man Wins Record $354,777 Court Sanction With Help of Litigation Support Services LLC (LSS) And Its Managing Partner, Andrew Mogilyansky
PHILADELPHIA, April 20, 2020 /PRNewswire/ -- The U.S. Bankruptcy Court in South Florida has awarded an unprecedented $354,777 sanction to Yuri Lyubarsky, a disabled Miami resident who had accused Pennsylvania attorney Eric Rayz of violating the "automatic stay," a key provision of bankruptcy law. Pennsylvania-based litigation management firm LSS (Litigation Support Services) and its principal Andrew Mogilyansky were key members of Mr. Lyubarsky's legal team.
The $354,777 award is the highest-ever sanction issued by any U.S. Bankruptcy Court against a lawyer for violating the automatic stay. The court called Eric Rayz's conduct "sneaky", "egregious", "extreme and troubling", "without regard to appropriate and legally imposed boundaries" and "an affront to the bankruptcy system" and described Rayz's sworn testimony as "unbelievable".
The full text of the court decision is available at www.LitigationAid.com/Decision-Lyubarsky-v-Rayz-2020.pdf.
"Before we got involved, Mr. Lyubarsky was an underdog locked in a decade-long fight against an overzealous lawyer," said Andrew Mogilyansky, Managing Partner of LSS. "Using claims his offshore client purchased for only $3,000, Eric Rayz wrested over $200,000 from Mr. Lyubarsky and even tried to seize his disability benefits. When Mr. Lyubarsky filed for bankruptcy in 2018, Rayz violated bankruptcy law by demanding an immediate additional payment of $250,000 and threatening severe retribution if Mr. Lyubarsky did not comply. He then lied under oath in an unsuccessful attempt to cover it up. We are happy that the court punished Rayz for this misconduct and restored justice to our client."
Contributing over 63% of the legal team's total hours, Mr. Mogilyansky worked on the case in tandem with lead counsel Gary Seitz, senior partner at GSBB (Gellert Scali Busenkell & Brown).
"As the court found today, Eric Rayz unlawfully threatened Mr. Lyubarsky in an improper effort to obtain a $250,000 payment," said Mr. Seitz. "After that failed, Rayz filed a falsely exaggerated claim for $400,000 claim that withheld a key document."
When this was uncovered by LSS and brought to the court's attention, Rayz defended his misconduct with doctored pictures and testimony that the court found "convoluted" and "unbelievable".
"Andrew Mogilyansky was key to this case," said lead counsel Mr. Seitz. "He came up with the idea of demanding sanctions from Rayz, identified factual gems and legal theories that made our victory possible, helped define legal strategy and suggested a brilliant move at trial. Andrew's talent, analytical skills and competence were key to our success. This is especially remarkable given his difficult personal history and the adversity Andrew overcame before starting LSS."
This opinion was echoed by Mr. Seitz's co-counsel. "Andrew Mogilyansky made incredibly valuable discoveries in court records and identified legal errors missed by a succession of prior lawyers. He uncovered documents Rayz withheld and pictures Rayz tampered with. Andrew's involvement was a game-changer for our entire legal team," said Florida attorney Leonid Nerdinsky.
Two Philadelphia lawyers who worked with LSS on other cases acknowledged Mr. Mogilyansky's expertise in their supporting affidavits filed in Florida.
"With respect to Andrew's professional skills, his research, analytical, writing and negotiation skills are unmatched," wrote George Bochetto, senior partner at Bochetto & Lentz, P.C.
Elvin Ross, the managing partner of law firm Legis Group LLC, wrote that he had "marveled at the ingenuity of Andrew's ideas on both tactical and strategic direction of the case, his masterful guidance of all related negotiations, and at how legally precise and eloquent his drafts of pleadings and communications were."
"My life changed when Andrew Mogilyansky stepped in to help me," said Yuri Lyubarsky, the disabled man who will reap most of the court decision's benefits. "Andrew then persuaded Gary Seitz to help me as well. Rayz made my life miserable for over a decade. He froze my disability benefits. I was a deer in the headlights, contemplating suicide. Gary Seitz and Andrew Mogilyansky saved my life and restored my faith in Justice."
About LSS:
Litigation Support Services LLC is a boutique consultancy that helps select clients manage important high-value negotiations and litigation. For more information, visit www.LSS.LLC.
Contact: Andrew Mogilyansky, LSS Managing Partner, 215-909-9000, [email protected]
Media Packet:
An information packet containing records described in the court's decision (such as the doctored picture) is available at www.LitigationAid.com/Information-Packet-Lyubarsky-2020.pdf.
SOURCE Litigation Support Services LLC
Share this article