Bankruptcy Court Dismisses Chapter 11 Case in Favor of Minority Members

On August 7, 2014, U.S. Bankruptcy Judge John K. Olson dismissed the Chapter 11 bankruptcy case of Debtor DocAssist, LLC in favor of the minority members Rolando and Alex Barberis. The minority members had been litigating a case in state court and had obtained a favorable ruling invalidating certain governance actions. The majority members then placed DocAssist, LLC into bankruptcy under Chapter 11. The court applied the Rooker-Feldman doctrine determining that federal courts are not free to overrule decisions of state courts. The Court also found that collateral estoppel prevented the re-litigation of corporate governance issues.

Richard R. Robles, P.A. served as counsel for the minority members Rolando and Alex Barberis.

Full Opinion: In re DocAssist, LLC, 2014 WL 3955062 (Bankr.S.D.Fla.2014)