IN RE GHERMAN

Bankruptcy No. 88-03266-BKC-TCB, Adv. No. 88-0581-BKC-TCB-A.

103 B.R. 326 (1989)

In re Henry GHERMAN, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Debtors. Arthur G. SHAPIRO, M.D., et al., Plaintiffs, v. Henry GHERMAN, Joan Gherman, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Shari G. Rance, and Craig Gherman, Defendants. James S. FELTMAN, as Trustee for Henry Gherman, First Financial Planning and Financial Planning & Investment, Inc. a/k/a FIP, Inc., Cross-claim and Third Party Plaintiff, v. Henry GHERMAN, Joan Gherman, First Financial Planning Corporation of South Florida, Inc., Financial & Investment Planning, Inc. a/k/a FIP, Inc., Shari G. Rance and Craig Gherman, Cross-claim and Third Party Defendants.

United States Bankruptcy Court, S.D. Florida.

April 13, 1989.


Attorney(s) appearing for the Case

Joel M. Aresty, Miami, Fla., for defendants, Henry Gherman, First Financial Planning Corp., Financial & Inv. Planning, Inc., FIP, Inc. and Pro-Med Services, Inc.

Thomas K. Equels, Holtzman, Krinzman & Equels, Coral Gables, Fla., Ronald G. Neiwirth, Miami, Fla., and William R. Amlong, Amlong & Amlong, P.A., Ft. Lauderdale, Fla., for defendants Joan Gherman, Shari Gherman and Craig Gherman.

James S. Feltman, Miami, Fla., Chapter 11 trustee.

Ronald R. Peterson, Jenner & Block, Chicago, Ill., John W. Kozyak, Miami, Fla., for Chapter 11 trustee.

Schantz, Schatzman, Aaronson & Berlin, P.A., Miami, Fla. and State Court Successor Receiver, Alec Wallace, Miami, Fla., for Chapter 11 Creditors' Committee.

Robert L. Koeppel and Mitchell K. Karpe, Miami, Fla., for Alec Wallace.


MEMORANDUM DECISION

THOMAS C. BRITTON, Chief Judge.

In his criminal court plea agreement, the debtor/defendant Gherman has admitted embezzling at least $9.7 million from money he managed for about 100 investors.1 The embezzlement occurred over at least a six-year period, from December 1982 to August 1988. It was discovered when Gherman fled to Taiwan on August 8 after withdrawing and secreting $4.4 million of the stolen money...

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