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Trustee Tests New Tactic in Construction Bankruptcy

MIAMI—The debtor, construction executive Donald Kipnis, is challenging the trustee's bid to invoke the IRS' power to pursue assets outside the state's statute of limitations.

Barry Mukamal, the Chapter 7 trustee in Kipnis' case Barry Mukamal, the Chapter 7 trustee in Kipnis’ case

MIAMI—A debtor in a bankruptcy case is fighting back against an unusual maneuver that would allow trustees to boost their clawback authority in cases that involve unpaid federal taxes. According to an article by GlobeSt.com sister publication, ALM’s Daily Business Review, construction executive Donald Kipnis, whose defunct Miller & Solomon General Contractors Inc. built the $150 million Downtown Dadeland project, filed a Chapter 11 bankruptcy petition in 2014 and later converted to Chapter 7. The IRS filed a proof of claim for more than $1.91 million.

Under Florida law, a bankruptcy trustee acting on behalf of unsecured creditors can typically look back four years to pursue collection.

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Natalie Dolce

Natalie Dolce

Natalie Dolce, editor-in-chief of GlobeSt.com and GlobeSt. Real Estate Forum, is responsible for working with editorial staff, freelancers and senior management to help plan the overarching vision that encompasses GlobeSt.com, including short-term and long-term goals for the website, how content integrates through the company’s other product lines and the overall quality of content. Previously she served as national executive editor and editor of the West Coast region for GlobeSt.com and Real Estate Forum, and was responsible for coverage of news and information pertaining to that vital real estate region. Prior to moving out to the Southern California office, she was Northeast bureau chief, covering New York City for GlobeSt.com. Her background includes a stint at InStyle Magazine, and as managing editor with New York Press, an alternative weekly New York City paper. In her career, she has also covered a variety of beats for M magazine, Arthur Frommer's Budget Travel, FashionLedge.com, and Co-Ed magazine. Dolce has also freelanced for a number of publications, including MSNBC.com and Museums New York magazine.

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