UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

www.flsb.uscourts.gov

In re: Case No.: 21-11554-PGH

Chapter 7 

Wasim Shomar,

Debtor.

______________________________

Soneet R. Kapila, Trustee in

Bankruptcy for Wasim Shomar,

Plaintiff.

vs. Adv.Proc.No.:

Rania Yousef and Sabah Barakat

aka Sabah Bakarat,

Defendants.

_______________________________/

TRUSTEE’S COMPLAINT TO AVOID AND RECOVER 

FRAUDULENT TRANSFERS PURSUANT 

TO 11 U.S.C. §§ 544, 548, 550 AND FLORIDA STATUTES § 726, 

RESULTING TRUST, CONSTRUCTIVE TRUST AND EQUITABLE LIEN

The Plaintiff (hereinafter referenced as the “Plaintiff” or "Trustee") Soneet R. Kapila, 

Trustee in Bankruptcy for Wasim Shomar (“Debtor”) by and through undersigned counsel, hereby 

sues the Defendants, Rania Yousef and Sabah Barakat aka Sabah Bakarat, pursuant to Bankruptcy 

Rule 7001, and alleges:

JURISDICTION

1. This is an adversary proceeding brought by Soneet R. Kapila, Trustee in 

Bankruptcy for Wasim Shomar, against the Debtor’s ex-wife, Rania Yousef (“Ms. Yousef”) and 

the Debtor’s mother in law, Sabah Barakat aka Bakarat, (“Ms. Barakat”), or collectively (the 

“Defendants”), to avoid and recover voidable or fraudulent transfers pursuant to 11 U.S.C. §§ 544, 

548, 550 and Section 726, Florida Statutes, and imposition of equitable lien through a resulting or 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 1 of 30
constructive trust as against real property located in New Jersey for funds of the Debtor improperly 

and fraudulently transferred to purchase such real property.

2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 

§157 and §1334(b).

 3. This a core proceeding for which the Court is authorized to hear and determine all 

matters regarding this case in accordance with 28 U.S.C. § 157(b)(2)(A),(B),(E),(H),(K) and (O).

4. This voluntary proceeding was filed on February 17, 2021 as a Chapter 7 

proceeding. Soneet R. Kapila has been appointed as the Chapter 7 Trustee.

5. The Defendants, Sabah Barakat and Rania Yousef, are over the age of eighteen, are

subject to the jurisdiction of the court. The Defendant, Ms. Barakat, is the mother in law of the 

Debtor and the Defendant, Ms. Yousef, is the ex-wife of the Debtor and are therefore insiders as 

defined by 11 U.S.C. §101(31) and applicable State law. 

6. Venue is proper in this Court pursuant to 28 U.S.C. §§1408 and 1409.

PROCEDURAL HISTORY

7. The §341 Meeting of Creditors was held and concluded on March 23, 2021 [ECF 

No. 26]. 

8. The Debtor filed his Initial Schedules on February 17, 2021[ECF No. 1].

9. The Debtor filed his Amended Schedules on March 30, 2021 [ECF No. 33], his 

second Amended Schedules on June 17, 2021 [ECF No. 79], and his third Amended Schedules on 

September 10, 2021 [ECF No. 115].

10. On October 8, 2021, Trustee’s counsel filed a Notice of Taking Rule 2004 

Examination Duces Tecum of Rania Yousef (“Ms. Yousef”) [ECF No. 125] and filed an Amended 

Notice of Taking Rule 2004 Examination Duces Tecum of Rania Yousef on October 25, 2021 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 2 of 30
[ECF No. 130]. Ms. Yousef and her counsel appeared at the examination on November 2, 2021. 

FACTUAL HISTORY

11. During Ms. Yousef’s Rule 2004 examination, she testified that certain transfers 

were made from the Debtor’s bank accounts and/or credit cards to benefit her mother, Ms. Barakat. 

Ms. Yousef testified that a credit card charge of the Debtor was made payable to Stephan Baker, 

MD on March 2, 2019, in the amount of $18,060.00 for Ms. Barakat’s plastic surgery. Ms. Barakat

rented an apartment at 475 Brickell Avenue, Apt. 2112, Miami Florida (“Brickell Avenue 

Apartment”). On January 14, 2020, a charge to the Debtor’s credit card for $2,600.00 was paid to 

Cozy Services for Ms. Barakat’s rent, another charge in the amount of $2,600.00 was charged on 

February 11, 2020 and another was paid in the amount of $2,600.00 on March 10, 2020. All three 

charges on the Debtor’s credit card to Cozy Services in the total amount of $7,800.00 were for 

payment of Ms. Barakat’s rent at the Brickell Avenue Apartment. Further, Ms. Yousef testified 

that she transferred a total of $130,000.00 of funds traceable to the Debtor to purchase a one-half 

interest in a condominium located at 8915 Bergenwood Avenue, Apt. 5 a/k/a Apt. 16, North 

Bergen, New Jersey 07047 (“Real Property”). The deed to the Real Property obtaining ownership 

is only in the name of the Defendant, Ms. Barakat, which was done to hinder, delay and/or defraud 

creditors, including the Trustee and the Debtor himself.

12. Ms. Yousef and the Debtor were married on June 3, 2019. 

13. The Debtor made certain transfers to Ms. Yousef pursuant to a Premarital Mahr 

Agreement (the “Agreement”) dated May 29, 2019. The Trustee has sought to avoid the incurring 

of the obligation of the Agreement within the counts below which is specifically directed towards 

the Debtor entering into the Premarital Mahr Agreement. Ms. Yousef testified that the Agreement 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 3 of 30
provided for paying $50,000.00 and another $150,000.00 over time when they married. The 

Debtor transferred $50,000.00 on June 3, 2019, the day they got married. Ms. Yousef testified that 

the Debtor paid her another $50,000.00 on her birthday, which was January 16, 2020, and was to 

pay another $100,000.00 for her birthday on January 16, 2021, and another $300,000.00 if they 

divorced, according to the Agreement. Ms. Yousef testified that the Debtor never paid the 

$100,000.00. The two transfers of $50,000.00 on June 3, 2019 and January 16, 2020 will be 

hereinafter defined as the Agreement Transfers. Ms. Yousef filed proof of claim no. 14-1 in the 

amount of $102,726.19 asserting “Dower due on January16, 2021 per the Premarital and Mahr 

Agreement” with an attachment that lists an amount of $100,000.00 and interest in the amount of 

$2,726.19.

14. Ms. Yousef and Ms. Barakat purchased the Real Property for a purchase price of 

$260,000.00 on September 30, 2020. The Real Property is more particularly described as:

ALL that (those) certain lots(s), tract(s) or parcel(s) of land, with the buildings 

and improvements thereon erected situate lying and being in the Township of 

North Bergen, County of Hudson, and State of New Jersey and is bounded and 

described as follows:

BEING known and designated as Unit No. 16, Parking Space 22, situated in 

Bell Crest Courtyard, a condominium, together with 0.901 and 0.1777%

undivided interest in the Common Elements of said Condominium in 

accordance with and subject to the terms, limitations, conditions, covenants, 

restrictions, easemets, agreements and other provisions set forth in the Master 

Deed, which was dated 11/28/2001 and recorded 11/29/2001 in the Office of the 

Clerk of Hudson County in Deed Book 5903, Page 56, as amended in Deed 

Book 5927, Page 241 and Deed Book 5963, Page 153 as the same may now or 

hereafter be lawfully amended.

BEING known as Tax Lot 1, Qualifier C0016, C022, in Tax Block 413, on the 

Official Tax Map of the Township of North Bergen.

15. Ms. Yousef testified that the Debtor transferred $50,000.00 to her on June 3, 2019 

and on January 16, 2020, the Debtor transferred $50,000.00 to Ms. Barakat. Such transfer to Ms. 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 4 of 30
Barakat was because of Ms. Yousef’s request to transfer this $50,000.00 into her mother’s name 

because she felt the Debtor was trying to take money away from her. Ms. Yousef testified that the 

second transfer of $50,000.00 was intended to be to purchase a one-half ownership interest in the 

Real Property. However, Ms. Yousef and Ms. Barakat agreed to put title of the Real Property in 

Ms. Barakat’s name in an effort to place such funds beyond the reach of the Debtor and his 

creditors. It was agreed between the Defendants that once Ms. Yousef and the Debtor were 

divorced, Ms. Barakat would convey ownership of the Real Property into the name of herself and 

Ms. Yousef. Ms. Yousef testified that she transferred a total amount of $130,000.00 to Ms. Barakat

for her one half interest in the Real Property, yet Ms. Yousef’s name was not put on the deed to 

the Real Property.

16. Ms. Yousef testified that in September of 2020, she withdrew $10,000.00 from her 

account, which was traceable to funds from the Debtor, to pay the purchase deposit on the Real 

Property.

17. Ms. Yousef testified that on September 28, 2020, she wired funds from her account, 

all of which was traceable to the Debtor, in the amount of $115,702.00 towards the purchase of

the Real Property. In total, after factoring in all funds traceable to the Debtor, $180,000.00 of funds 

traceable to the Debtor were transferred into the purchase of the Real Property.

18. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $75,860.00 on behalf of or to 

the Defendant, Sabah Barakat. 

19. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $64,209.69 on behalf of or to 

the Defendant, Rania Yousef.

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 5 of 30
20. The Debtor’s transfers to and/or on behalf of the Defendant, Rania Yousef, were 

paid from the Debtor’s personal account and/or credit cards on behalf of Ms. Yousef within a four 

(4) year period in the total amount of $624,663.24, less the transfers made on behalf of Ms. Barakat

in the total amount of $75,860.00, for a total amount of transfers to Rania Yousef in the amount of 

$548,803.24. A list of the total transfers made to/or on behalf of both of the Defendants over a 

four year period of time is attached as Exhibit “2” (“Total Transfers”). The Agreement Transfers 

are included within the total transfers to Rania Yousef in the amount of $548,803.24. 

21. At the time of the Total Transfers from the Debtor to the Defendants as alleged 

above, the Debtor was insolvent or became insolvent as a result of same as defined within 11 

U.S.C. §101(32) and Florida Statute §726 et seq.

COUNT I - FRAUDULENT TRANSFERS PURSUANT TO 11 U.S.C. § 548

22. The Plaintiff re-alleges paragraphs 1 through 21 as if fully set forth herein.

23. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $75,860.00 on behalf of or/

to the Defendant, Sabah Barakat

24. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $64,209.69 on behalf of or/

to the Defendant, Rania Yousef and transferred the Agreement Transfers in the amount of 

$100,000.00. The total two (2) year transfers to both Defendants will collectively be defined as 

“Two Year Transfers”. A copy of the total Two Year Transfers made to/or on behalf of the 

Defendants is attached as Exhibit “1”. Additionally, the Debtor incurred the obligation of entering 

into the Agreement and making the Agreement Transfers in the amount of $100,000.00 within less 

than two years of the filing of the bankruptcy petition. 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 6 of 30
25. The Two Year Transfers to the Defendants, the Debtor incurring the obligation of 

the Agreement and the Agreement Transfers were transfers made with the actual intent to hinder, 

delay, and/or defraud creditors pursuant to 11 U.S.C. § 548(a)(1). 

26. The Two Year Transfers, the incurring of an obligation pursuant to the Agreement

and the Agreement Transfers occurred pre-petition occurred within two (2) years prior to the 

Petition Date, whereby the Debtor received less than a reasonably equivalent value in exchange 

for the transfers or incurring of the obligation of the Agreement and:

(a) Was insolvent on the date that the transfers or incurring of the obligation of 

the Agreement were made or became insolvent as a result of the transfers 

and of incurring of the obligation of the Agreement;

(b) Was engaged in business or a transaction or was about to engage in business 

or a transaction for which any property remaining with the Debtor was an 

unreasonably small capital; or

(c) The Debtor intended to incur or believed that he would incur debts beyond 

his ability to pay as such debts matured.

27. The Defendants were the initial transferees or the entities for whose benefit the Two 

Year Transfers were made and Ms. Yousef was the initial transferee or the entity for whose benefit 

the Agreement Transfers were made whereby the Plaintiff is entitled to recover the Two Year 

Transfers and Agreement Transfers pursuant to 11 U.S.C. § 550(a)(1), attached hereto as “Exhibit 

1”. Alternatively, the Defendants were the immediate or mediate transferee of the initial transferee 

for whose benefit the Two Year Transfers were made and Ms. Yousef was the immediate or 

mediate transferee of the initial transferee for whose benefit the Agreement Transfers were made 

and, as a result, the Plaintiff is entitled to recover the Two Year Transfers and Agreement Transfers 

pursuant to 11 U.S.C. §550(a)(2). In regard to the incurring of the obligation of the Agreement the 

proper and appropriate relief would be the setting aside and avoidance of the incurring of such 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 7 of 30
obligation.

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim 

Shomar, by and through undersigned counsel, respectfully requests that the Court enter a judgment 

setting aside, avoiding and recovering the Two Year Transfers and Agreement Transfers, thus 

entering judgment against Defendant, Rania Yousef, in the amount of $164,209.69 and against 

Defendant, Sabah Barakat, in the total amount of $75,860.00, further, that the Court set aside and 

avoid the incurring of the obligation of the Agreement thus finding same to be of no force and 

effect, plus that the Court award court costs and interest, plus such other and further relief as the 

Court deems just and proper.

COUNT II – FRAUDULENT TRANSFERS PURSUANT

TO §726.105(1)(A), FLORIDA STATUTES AND 11 U.S.C. §544(B)

28. The Plaintiff re-alleges paragraphs 1 through 21 as if fully set forth herein.

29. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $75,860.00 on behalf of or/

to the Defendant, Sabah Barakat. 

30. Within two (2) years of the filing of the bankruptcy petition, as evidenced by 

Exhibit “1” attached hereto, the Debtor transferred a total amount of $64,209.69 on behalf of or/

to the Defendant, Rania Yousef. Within four (4) years of the filing of the bankruptcy petition, as 

evidenced by Exhibit “2” attached hereto, the Debtor made transfers to both Defendants in the 

total amount of $624,663.24, which has been defined above as the Total Transfers. Additionally, 

the Debtor entered into the Agreement within less than two years of the filing of the bankruptcy 

petition.

31. Pursuant to 11 U.S.C. §544(b), the Trustee may avoid any transfer of an interest of 

the Debtor in property or any obligation incurred by the Debtor that is voidable under applicable 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 8 of 30
law by a creditor holding an unsecured claim that is allowable under §502 of this title or that is not 

allowable only under §502(e) of this title.

32. §726.105(1)(a), Florida Statutes, provides that:

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, 

whether the creditor's claim arose before or after the transfer was made or the 

obligation was incurred, if the debtor made the transfer or incurred the obligation: 

with actual intent to hinder, delay, or defraud any creditor of debtor.

33. As set forth above, the Total Transfers and the Debtor incurring the obligation of 

the Agreement were made with the actual intent to hinder, delay, and/or defraud creditors pursuant 

to §726.105(1)(a), Florida Statutes.

34. The Defendants were the initial transferees or the entities for whose benefit the 

Total Transfers were made whereby the Trustee, Soneet R. Kapila, is entitled to recover such Total 

Transfers pursuant to 11 U.S.C. §550(a)(1). Alternatively, the Defendants were the immediate or 

mediate transferee of the initial transferee for whose benefit the Total Transfers were made, and, 

as a result, the Plaintiff is entitled to recover the Total Transfers pursuant to 11 U.S.C. §550(a)(2).

In regard to the incurring of the obligation of the Agreement the proper and appropriate relief 

would be the setting aside and avoidance of the incurring of such obligation.

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim Shomar

by and through undersigned counsel, respectfully requests that the Court enter judgment setting 

aside, avoiding and recovering the Total Transfers, thus entering judgment against Defendant, 

Rania Yousef, in the amount of $548,803.24 and against Defendant, Sabah Barakat, in the total 

amount of $75,860.00, further, that the Court set aside and avoid the incurring of the obligation of 

the Agreement thus finding same to be of no force and effect, plus award court costs and interest, 

plus such other and further relief as the Court deems just and proper.

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 9 of 30
COUNT III – AVOIDANCE AND RECOVERY OF FRAUDULENT TRANSFERS

PURSUANT TO §726.105(1)(b), FLORIDA STATUTES AND 11 U.S.C. §544(B)

35. The Trustee re-alleges paragraphs 1 through 21 as if fully set forth herein.

36. Pursuant to 11 U.S.C. §544(b), the Trustee may avoid any transfer of an interest of 

the Debtor in property or any obligation incurred by the Debtor that is voidable under applicable 

law by a creditor holding an unsecured claim that is allowable under §502 of this title or that is not 

allowable only under §502(e) of this title. 

37. Section 726.105(1)(b), Florida Statutes, provides:

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, 

whether the creditor's claim arose before or after the transfer was made or the 

obligation was incurred, if the debtor made the transfer or incurred the obligation: 

without receiving reasonably equivalent in value in exchange for the transfer or 

obligation, and the debtor:

(a) was engaged or was about to engage in a business or 

a transaction for which the remaining assets of the debtor were 

unreasonably small in relation to the business or transaction; or

(b) intended to incur, or believed or reasonably should 

have believed that he would incur, debts beyond his ability to pay as 

they became due.

38. The Total Transfers to or on behalf of the Defendants and the Debtor incurring the 

obligation of the Agreement were made without the Debtor receiving reasonably equivalent value 

in exchange for the Total Transfers pursuant to §726.105(1)(b), Florida Statutes.

39. More specifically, within four (4) years of the Debtor’s bankruptcy filing, the 

Debtor transferred a total of $75,860.00 to or behalf of Defendant, Sabah Barakat, a total of 

$548,803.24 on behalf of the Defendant, Rania Yousef, and incurred the obligation of the 

Agreement which were made without the Debtor receiving reasonably equivalent value in 

exchange for the Total Transfers or the incurring of the obligation of the Agreement pursuant to 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 10 of 30
§726.105(1)(b), Florida Statutes. 

40. At the time of the Total Transfers and the incurring of the obligation of the 

Agreement, the Debtor had incurred debts beyond his ability to pay as they became due.

41. As a result of the Total Transfers and the incurring of the obligation of the 

Agreement, the Trustee has been damaged pursuant to 11 U.S.C. §544(b) for the total value of the 

Total Transfers.

42. The Defendants were the initial transferee or the entities for whose benefit the Total

Transfers were made whereby the Plaintiff is entitled to recover the Total Transfers pursuant to 11 

U.S.C. §550(a)(1). Alternatively, the Defendants were the immediate or mediate transferee of the 

initial transferee for whose benefit the Total Transfers were made, and, as a result, the Plaintiff is 

entitled to recover the Total Transfers pursuant to 11 U.S.C. §550(a)(2). In regard to the incurring 

of the obligation of the Agreement the proper and appropriate relief would be the setting aside and 

avoidance of the incurring of such obligation.

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim Shomar, 

by and through undersigned counsel, respectfully requests that the Court enter a judgment setting 

aside, avoiding and recovering the Total Transfers, thus entering judgment against Defendant, 

Rania Yousef, in the amount of $548,803.24, against Defendant, Sabah Barakat, in the total 

amount of $75,860.00, further, that the Court set aside and avoid the incurring of the obligation of 

the Agreement thus finding same to be of no force and effect, plus award court costs and interest, 

plus such other and further relief as the Court deems just and proper.

COUNT IV - FRAUDULENT TRANSFERS PURSUANT

TO SECTION 726.106(1), FLORIDA STATUTES AND 11 U.S.C. §544(B)

43. The Plaintiff re-alleges paragraphs 1 through 21 as if fully set forth herein.

44. Pursuant to 11 U.S.C. §544(b), the Trustee may avoid any transfer of an interest of 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 11 of 30
the Debtor in property or any obligation incurred by the Debtor that is voidable under applicable 

law by a creditor holding an unsecured claim that is allowable under §502 of this title or that is not 

allowable only under §502(e) of this title. 

45. §726.106(1), Florida Statutes, provides:

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose 

claim arose before the transfer was made or the obligation was incurred if the debtor made the 

transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for 

the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent 

as a result of the transfer or obligation.

46. The Total Transfers and the incurring of the obligation of the Agreement occurred 

pre-petition occurred within four (4) years prior to the Petition Date. 

47. Within four (4) years the Debtor transferred a total amount of $548,803.24 to or/on 

behalf of Defendant, Rania Yousef, and incurred the obligation of the Agreement without the 

Debtor receiving reasonably equivalent value pursuant to §726.106(1), Florida Statutes.

48. Within four (4) years of the Debtor’s filing, the Debtor transferred a total of 

$75,860.00 to or behalf of Defendant, Sabah Barakat, without the Debtor receiving reasonably 

equivalent value pursuant to §726.106(1), Florida Statutes. 

49. As set forth above, at the time(s) of the Total Transfers to the Defendants and the 

incurring of the obligation of the Agreement, the Debtor was insolvent or became insolvent as a 

result of the Total Transfers and incurring of the obligation of the Agreement.

50. At the time(s) of the Total Transfers, the Debtor was indebted to creditors in an 

amount in excess of the Total Transfers and any debt created by virtue of incurring the obligation 

of the Agreement.

51. As a result of the Transfers and the incurring of the obligation of the Agreement, 

the Trustee has been damaged pursuant to 11 U.S.C. § 544(b) for the total value of the Transfers

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 12 of 30
and any debt created by incurring the obligation of the Agreement.

52. The Defendants were the initial transferee or the entity for whose benefit the Total 

Transfers were made whereby the Plaintiff is entitled to recover the Total Transfers pursuant to 11 

U.S.C. §550(a)(1). Alternatively, the Defendants were the immediate or mediate transferee of the 

initial transferee for whose benefit the Total Transfers were made, and, as a result, the Plaintiff is 

entitled to recover the Total Transfers pursuant to 11 U.S.C. §550(a)(2). In regard to the incurring 

of the obligation of the Agreement the proper and appropriate relief would be the setting aside and 

avoidance of the incurring of such obligation.

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim Shomar, 

by and through undersigned counsel, respectfully requests that the Court enter a judgment setting 

aside, avoiding and recovering the Total Transfers, thus entering judgment against against

Defendant, Rania Yousef, in the amount of $548,803.24, against Defendant, Sabah Barakat, in the 

total amount of $75,860.00, further, that the Court set aside and avoid the incurring of the 

obligation of the Agreement thus finding same to be of no force and effect, plus award court costs 

and interest, plus such other and further relief as the Court deems just and proper.

COUNT V - RECOVERY OF AVOIDED TRANSFERS PURSUANT

TO 11 U.S.C. §550

53. The Plaintiff realleges paragraphs 1 through 21 as if fully set forth herein.

54. The Total Transfers occurred pre-petition within four (4) years prior to the Petition 

Date. 

55. Within four (4) years the Debtor transferred a total amount of $548,803.24 to or/on 

behalf of Defendant, Rania Yousef.

56. Within four (4) years of the Debtor’s filing, the Debtor transferred a total of 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 13 of 30
$75,860.00 to or behalf of Defendant, Sabah Barakat.

57. This count is pled as an effectuating count whereby to whatever extent the Court 

deems it necessary for the Plaintiff to specifically seek to recover any avoided Total Transfers

pursuant to a separately pled count, this count is being separately pled.

58. Upon the Court setting aside and avoiding the Total Transfers referenced in the 

preceding counts, for any amount either more or less than $624,663.24, the Plaintiff seeks to 

recover such Total Transfers pursuant to 11 U.S.C. §550. To whatever extent the Court determines 

that some form of recovery is necessary in regard to the setting aside and avoidance of the incurring 

of the obligation of the Agreement, the Trustee seeks same herein. 

WHEREFORE, the Plaintiff, Soneet R. Kapila, as Trustee in Bankruptcy for Wasim 

Shomar, by and through undersigned counsel, respectfully requests that the Court enter judgment 

setting aside, avoiding and recovering the Total Transfers, thus entering judgment against 

Defendant, Rania Yousef, in the amount of $548,803.24, and against Defendant, Sabah Barakat,

in the total amount of $75,860.00, the Plaintiff is entitled to recover the Total Transfers from the 

Defendants pursuant to 11 U.S.C. §550(a)(1) and obtain any recovery deemed necessary based 

upon the setting aside and avoidance of the incurring of the obligation of the Agreement or 

alternatively, that the Court enter judgment finding that the Defendants are the immediate or 

mediate transferee of the initial transferee for whose benefit the Total Transfers were made, and 

as a result, the Plaintiff is entitled to recover the Total Transfers as referenced above from the 

Defendants pursuant to 11 U.S.C. §550(a)(2) and obtain any recovery deemed necessary based 

upon the setting aside and avoidance of the incurring of the obligation of the Agreement.

COUNT V - RESULTING TRUST

59. The Plaintiff alleges paragraphs 1 through 21 as if fully pled herein. 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 14 of 30
60. This is an action to establish a resulting trust against the Real Property located at 

8915 Bergenwood Avenue, Apt. 5 a/k/a Apt. 16, North Bergen, New Jersey 07047 (the “Real 

Property”). The Real Property is more particularly described as:

ALL that (those) certain lots(s), tract(s) or parcel(s) of land, with the buildings 

and improvements thereon erected situate lying and being in the Township of 

North Bergen, County of Hudson, and State of New Jersey and is bounded and 

described as follows:

BEING known and designated as Unit No. 16, Parking Space 22, situated in 

Bell Crest Courtyard, a condominium, together with 0.901 and 0.1777% 

undivided interest in the Common Elements of said Condominium in 

accordance with and subject to the terms, limitations, conditions, covenants, 

restrictions, easemets, agreements and other provisions set forth in the Master 

Deed, which was dated 11/28/2001 and recorded 11/29/2001 in the Office of the 

Clerk of Hudson County in Deed Book 5903, Page 56, as amended in Deed 

Book 5927, Page 241 and Deed Book 5963, Page 153 as the same may now or 

hereafter be lawfully amended.

BEING known as Tax Lot 1, Qualifier C0016, C022, in Tax Block 413, on the 

Official Tax Map of the Township of North Bergen.

61. As testified by the Defendant, Ms. Yousef, at her Rule 2004 Examination, and 

supported by financial records obtained by the Trustee, there are total transfers traceable to the 

Debtor in the amount of $180,000.00 that was used to purchase the Real Property, including funds 

in the amount of $130,000.00 used by Ms. Yousef to purchase her interest in the Real Property 

under the name of Ms. Barakat all with specific fraudulent intent. 

62. More specifically, the defendant, Ms. Yousef testified that she used funds 

transferred to her from the Debtor in the total amount of $130,000.00 to pay the balance of the 

purchase price for the Real Property. These transfers can be traced as funds directly from the 

Debtor’s bank accounts and/or credit cards.

63. A resulting trust may be imposed against real property to right a wrong committed 

and to prevent unjust enrichment of one person at the expense of another either as a result of fraud, 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 15 of 30
undue influence, abuse of confidence or mistake in the transaction. 

64. A resulting trust is needed to prevent unjust enrichment of the Defendants who 

acquired the Real Property through fraud or other questionable means. The imposition of a 

resulting trust is needed to prevent fraud and/or injustice. All funds used by the Defendants to 

purchase the Real Property are the results of actual and constructive fraudulent transfers from the 

Debtor, as alleged more specifically above. 

65. Equity and justice dictate that it would be unconscionable for the Defendants to 

retain the benefit of the Debtor’s assets. 

66. The Trustee seeks a ruling from the Court imposing a trust and/or an equitable lien 

against the Real Property in the amount of $180,000.00, with the authority to foreclose same within 

the Bankruptcy Court, such that the Trustee can administer the Real Property for the benefit of the 

estate. 

WHEREFORE, the Plaintiff, Soneet R, Kapila, Trustee in Bankruptcy for Wasim Shomar, 

by and through undersigned counsel, seeks a ruling by the Court imposing a trust and/or an 

equitable lien against the Real Property in the amount of $180,000.00, with the authority to 

foreclose same within the Bankruptcy Court, along with an award for interest and costs of this 

proceeding, plus such other and further relief as the Court deems just and proper.

COUNT VI - CONSTRUCTIVE TRUST

67. The Plaintiff alleges paragraphs 1 through 21 as if fully pled herein. 

68. This is an action to establish a constructive trust against the Real Property located 

at 8915 Bergenwood Avenue, Apt. 5 a/k/a Apt. 16, North Bergen, New Jersey 07047.

69. As testified by the Defendant, Ms. Yousef, at her Rule 2004 Examination, and 

supported by financial records obtained by the Trustee, there are total transfers traceable to the 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 16 of 30
Debtor in the amount of $180,000.00 that was used to purchase the Real Property, including funds 

in the amount of $130,000.00 used by Ms. Yousef to purchase her interest in the Real Property 

under the name of Ms. Barakat all with specific fraudulent intent. 

70. More specifically, the defendant, Ms. Yousef testified that she used funds 

transferred to her from the Debtor in the total amount of $130,000.00 to pay the balance of the 

purchase price for the Real Property. These transfers can be traced as funds directly from the 

Debtor’s bank accounts and/or credit cards.

71. A constructive trust may be imposed against Real Property to right a wrong 

committed and to prevent unjust enrichment of one person at the expense of another either as a 

result of fraud, undue influence, abuse of confidence or mistake in the transaction. 

72. The Defendants’ interest in the Real Property acquired an advantage over other 

creditors that have filed claims in this estate. 

73. A constructive trust is needed to prevent unjust enrichment of the Defendant who 

acquired the Real Property through fraud or other questionable means. The imposition of a 

constructive trust is needed to prevent fraud and/or injustice. 

74. Equity and justice dictate that it would be unconscionable for the Defendants to 

retain the benefit of the Debtor’s assets. 

75. The Trustee seeks a ruling from the Court imposing a trust and/or an equitable lien 

against the Real Property in the amount of $180,000.00, with the authority to foreclose same within 

the Bankruptcy Court, such that the Trustee can administer the Real Property for the benefit of the 

estate. 

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim Shomar, 

by and through undersigned counsel, seeks a ruling by the Court imposing a trust and/or an 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 17 of 30
equitable lien against the Real Property in the amount of $180,000.00, with the authority to 

foreclose same within the Bankruptcy Court, along with an award for interest and costs of this 

proceeding, plus such other and further relief as the Court deems just and proper.

COUNT VII - EQUITABLE LIEN

76. The Plaintiff alleges paragraphs 1 through 21 as if fully pled herein. 

77. This is an action to establish an equitable lien on the Real Property located at 8915 

Bergenwood Avenue, Apt. 5 a/k/a Apt. 16, North Bergen, New Jersey 07047.

78. As testified by the Defendant, Ms. Yousef, at her Rule 2004 Examination, and 

supported by financial records obtained by the Trustee, there are total transfers traceable to the 

Debtor in the amount of $180,000.00 that was used to purchase the Real Property, including funds 

in the amount of $130,000.00 used by Ms. Yousef to purchase her interest in the Real Property 

under the name of Ms. Barakat all with specific fraudulent intent. 

79. More specifically, the defendant, Ms. Yousef testified that she used funds 

transferred to her from the Debtor in the total amount of $130,000.00 to pay the balance of the 

purchase price for the Real Property. These transfers can be traced as funds directly from the 

Debtor’s bank accounts and/or credit cards.

80. An equitable lien may be imposed against the Real Property where an asset is 

obtained through fraud or egregious conduct was used to invest in, purchase or improve the asset.

The basis of equitable liens may be estoppel or unjust enrichment, including family members or 

those with close personal relationships. 

81. The Defendants knew at all such times relevant to this proceeding that the Debtor 

had substantial unpaid creditors that have filed claims in this estate and that they were obtaining 

funds that were the result of actual and constructively fraudulent transfers. The Defendants were 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 18 of 30
not good faith transferees without knowledge of the avoidability of any of the transfers which were 

used to purchase the Real Property. 

82. The Defendants are currently enjoying the benefit of the Real Property. 

83. Equity and justice dictate that it would be unconscionable for the Defendants to 

retain the benefit of the Debtor’s assets. 

84. An equitable lien is needed to prevent unjust enrichment of the Defendants, who 

acquired the Real Property through fraud or other questionable means. An equitable lien is needed 

to prevent the unjust enrichment of the Defendants over the Debtor’s creditors that have filed 

claims in this estate. 

WHEREFORE, the Plaintiff, Soneet R. Kapila, Trustee in Bankruptcy for Wasim Shomar, 

by and through undersigned counsel, seeks a ruling by the Court imposing a trust and/or an 

equitable lien against the Real Property in the amount of $180,000.00, with the authority to 

foreclose same within the Bankruptcy Court, along with an award for interest and costs of this 

proceeding, plus such other and further relief as the Court deems just and proper.

COUNT VIII-OBJECTION TO PROOF OF CLAIM

85. The Plaintiff re-alleges paragraphs 1 through 21 as if fully set forth herein.

86. This is an action objecting to proof of claim no. 14-1 in the amount of $102,726.19 

filed by Rania Yousef against the Debtor pursuant to 11 U.S.C. §502(d) and Bankruptcy Rule 

3007. A true and correct copy is attached hereto as “Exhibit 3”.

87. There is no legal basis warranting an allowance of the proof of claim sought by 

Rania Yousef pursuant to the Agreement as same would be an illegal and unenforceable contract 

within the State of Florida and pursuant to federal law. Further, to whatever extent necessary, the 

Trustee has sought an avoidance of the Agreement as a fraudulent transfer within the preceding 

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 19 of 30
counts, which would be additional grounds to disallow any proof of claim filed by Rania Yousef. 

88. Pursuant to 11 U.S.C. §502(b) the Court shall disallow any claim of any entity from 

which property is recoverable under §§542, 543, 550, or 553 of title 11 or that is a transferee of a 

transfer avoidable under §§522(f), 522(h), 544, 545, 547, 548, 549 or 724(a) of title 11 unless such 

entity or transferee has paid the amount, or turned over an such property, for which such entity or 

transferee is liable under §§522(i), 542, 543, 550, or 553 of title 11. Notwithstanding all other 

grounds to disallow the Defendant’s claim, unless and until the Defendant turns over all sums due 

and owing to the estate, her proof of claim must be disallowed.

89. Accordingly, Plaintiff objects to Rania Yousef’s Claim no. 14-1 in its entirety and 

seeks a judgment disallowing this claim against the Debtor’s estate. 

WHEREFORE, the Plaintiff respectfully requests this Court to enter an order disallowing 

Rania Yousef’s Claim No. 14-1 in its entirety and grant such other and further relief as the Court 

deems just and proper.

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court for 

the Southern District of Florida, and I am in compliance with the additional qualifications to 

practice in this Court set forth in Local Rule 2090-1(A).

Dated: February 16, 2023 GREENSPOON MARDER, LLP

/s/ Michael R. Bakst

Michael R. Bakst, Esq. 

Florida Bar No.: 866377

 Attorneys for the Trustee

525 Okeechobee Blvd., Suite 900

West Palm Beach FL 33401

Telephone: (561) 838-4523

Michael.bakst@gmlaw.com

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 20 of 30
EXHIBIT “1”

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 21 of 30
Payor Date Payee Amount

CC Charge WS CC 09/18/18 Roche Bobois $9,486.75

CC Charge WS CC 09/27/18 China Cabinet $975.00

CC Charge WS CC 10/01/18 Dior $1,273.30

CC Charge WS CC 10/01/18 $663.40

CC Charge WS CC 10/01/18 Louis Vuitton $3,488.20

CC Charge Universal Lynx 10/13/18 Saks $3,049.50

CC Charge WS CC 10/31/18 Dior $2,899.70

CC Charge Universal Lynx 12/22/18 Givenchy $593.85

CC Charge Universal Lynx 12/22/18 Desigual $382.12

CC Charge Universal Lynx 12/22/18 Gucci $952.30

CC Charge Universal Lynx 12/22/18 Designer Eyes $273.49

CC Charge Universal Lynx 12/23/18 $1,253.08

Bank Transaction Wire 11/29/2018 Rania Yousef $15,000.00

Bank Transaction Wire 01/07/19 Rania Yousef $4,000.00

Bank Transaction Wire 02/04/19 Rania Yousef $20,000.00

Total  $64,290.69

Payor  Date Payee Amount

CC Charge WS CC 3/2/2019 Stephan Baker, MD $18,060.00

Bank Transaction Wire 10/10/2019 Rania‐Sabah Rakarat $10,000.00

Bank Transaction Wire 1/14/2020 Cozy Services $2,600.00

Bank Transaction Check 1/16/2020 Rania‐Sabah Rakarat $50,000.00

Bank Transaction Wire 2/11/2020 Cozy Services $2,600.00

Bank Transaction Wire 3/10/2020 Cozy Services $2,600.00

Total  $85,860.00

Flavio Castellani

Zadig & Voltaire

2 year transfers on behalf of or for Rania Yousef

2 year transfers on behalf of or for Sabah Bakarat

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 22 of 30
EXHIBIT “2”

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 23 of 30
Classification CC / Type Date Company  Amount 

CC Charge WS CC 09/18/18 Roche Bobois                                           9,486.75 

CC Charge WS CC 09/27/18 China Cabinet                                               975.00 

CC Charge WS CC 10/01/18 Dior                                           1,273.30 

CC Charge WS CC 10/01/18 Zadig & Voltaire                                               663.40 

CC Charge WS CC 10/01/18 Louis Vuitton                                           3,488.20 

CC Charge Universal Lynx 10/13/18 Saks                                           3,049.50 

CC Charge WS CC 10/31/18 Dior                                           2,899.70 

CC Charge Universal Lynx 12/22/18 Givenchy                                               593.85 

CC Charge Universal Lynx 12/22/18 Desigual                                               382.12 

CC Charge Universal Lynx 12/22/18 Gucci                                               952.30 

CC Charge Universal Lynx 12/22/18 Designer Eyes                                               273.49 

CC Charge Universal Lynx 12/23/18 Flavio Castellani                                           1,253.08 

CC Charge WS CC 01/02/19 Bergdorf Goodman                                           3,538.44 

CC Charge WS CC 01/03/19 Bergdorf Goodman                                               923.26 

CC Charge WS CC 01/03/19 Bergdorf Goodman                                           7,524.36 

CC Charge Universal Lynx 01/09/19 Erwin Pearl                                           1,650.56 

CC Charge Universal Lynx 02/18/19 Maxmara                                               931.88 

CC Charge WS CC 02/19/19 Roberto Cavalli                                           1,895.19 

CC Charge WS CC 02/19/19 Roberto Cavalli                                               454.97 

CC Charge WS CC 02/20/19 Bottega Veneta                                           1,766.84 

CC Charge WS CC 02/20/19 S. Ferragamo                                           1,285.47 

CC Charge Universal Lynx 03/01/19 Fendi                                               909.50 

CC Charge WS CC 03/02/19 Stephan Baker MD                                         18,060.00 

CC Charge WS CC 03/16/19 Saks                                           2,771.30 

CC Charge WS CC 03/18/19 Newman Marcus                                               952.30 

CC Charge WS CC 04/04/19 Traditional Jewelers                                         17,078.38 

CC Charge Universal Lynx 04/14/19 Michael Kors                                               576.83 

CC Charge Universal Lynx 04/15/19 Michael Kors                                               449.17 

CC Charge WS CC 04/15/19 Coach                                               307.55 

CC Charge WS CC 04/15/19 Maxmara                                           3,722.39 

CC Charge WS CC 04/15/19 S. Ferragamo                                           2,580.51 

CC Charge Universal Lynx 04/23/19 Saks                                               749.00 

CC Charge Universal Lynx 04/26/19 Saks                                           2,282.31 

CC Charge Universal Lynx 04/29/19 Bergdorf Goodman                                               647.81 

CC Charge Universal Lynx 04/29/19 Bergdorf Goodman                                           4,730.62 

CC Charge LEG CC 05/11/19 China Cabinet                                           4,000.00 

CC Charge Universal Lynx 05/15/19 Saks                                               599.20 

CC Charge Universal Lynx 05/15/19 Saks                                               112.82 

CC Charge Universal Lynx 05/15/19 Saks                                           1,422.03 

CC Charge LEG CC 05/18/19 Nordstrom                                           2,878.30 

CC Charge Universal Lynx 05/19/19 Christian Louboutin                                               904.15 

CC Charge Universal Lynx 05/21/19 Saks                                           1,474.46 

CC Charge Universal Lynx 05/24/19 Intermix                                               318.88 

CC Charge Universal Lynx 05/24/19 Coach                                               288.90 

CC Charge Universal Lynx 05/24/19 Coach                                               288.90 

CC Charge Universal Lynx 05/31/19 Saks                                           2,154.44 

CC Charge Universal Lynx 06/03/19 Saks                                               406.60 

CC Charge LEG CC 06/06/19 Danielli                                         18,000.00 

CC Charge Universal Lynx 06/08/19 Bergdorf Goodman                                           3,388.19 

CC Charge Universal Lynx 06/14/19 CH Carolina Herrera                                           2,078.75 

CC Charge Universal Lynx 06/14/19 Prada                                               448.37 

CC Charge Universal Lynx 07/07/19 Saks                                               683.55 

CC Charge Universal Lynx 07/07/19 Newman Marcus                                           3,296.48 

CC Charge Universal Lynx 07/15/19 Bergdorf Goodman                                           2,863.42 

CC Charge Universal Lynx 09/10/19 APM Miami                                               943.00 

CC Charge Universal Lynx 09/17/19 Saks                                               759.70 

CC Charge Universal Lynx 10/04/19 Saks                                               929.57 

CC Charge Universal Lynx 10/04/19 Saks                                               429.34 

CC Charge Universal Lynx 10/04/19 Saks                                               406.80 

CC Charge WS CC 10/08/19 Danielli                                           7,000.00 

CC Charge Universal Lynx 10/12/19 Desigual                                               954.66 

4 year Transfers on behalf or to Rania Yousef and Sabah Bakarat

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 24 of 30
CC Charge Universal Lynx 10/12/19 DVF Studio                                           1,388.86 

CC Charge Universal Lynx 10/12/19 Swarovski                                               324.75 

CC Charge Universal Lynx 10/12/19 Swarovski                                               608.78 

CC Charge Universal Lynx 10/13/19 APM Miami                                               723.00 

CC Charge Universal Lynx 10/14/19 Newman Marcus                                           1,273.30 

CC Charge Universal Lynx 10/15/19 Michele Lopriore                                               347.75 

CC Charge Universal Lynx 10/15/19 Saks                                               481.50 

CC Charge Universal Lynx 10/16/19 Saks                                               955.51 

CC Charge Universal Lynx 10/16/19 Saks                                               485.78 

CC Charge Universal Lynx 11/02/19 Lauren Moshi                                               582.00 

CC Charge Universal Lynx 11/07/19 Scorch Soda                                           2,226.67 

CC Charge WS CC 11/29/19 Lola Cruz                                               275.63 

CC Charge WS CC 11/29/19 Saks                                               561.75 

CC Charge WS CC 12/06/19 Saks                                           1,681.18 

CC Charge WS CC 12/06/19 Saks                                               615.25 

CC Charge Universal Lynx 12/23/19 Furla                                               666.61 

CC Charge Universal Lynx 12/23/19 Nordstrom                                               313.26 

CC Charge Universal Lynx 12/23/19 Diesel                                               819.19 

CC Charge Universal Lynx 12/31/19 Bergdorf Goodman                                             (672.85)

CC Charge Universal Lynx 12/31/19 Bergdorf Goodman                                           3,364.24 

CC Charge Universal Lynx 01/25/20 Michael Kors                                               210.20 

CC Charge Universal Lynx 01/25/20 R Lauren                                               383.27 

CC Charge Universal Lynx 01/26/20 Tory Buch                                               325.50 

Bank Transaction Wire 11/29/18 Rania Yousef                                         15,000.00 

Bank Transaction Wire 01/07/19 Rania Yousef                                           4,000.00 

Bank Transaction Wire 02/04/19 Rania Yousef                                         20,000.00 

Bank Transaction Wire 05/06/19 Rania Yousef                                           3,000.00 

Bank Transaction Wire 05/07/19 Rania Yousef                                           3,000.00 

Bank Transaction Wire 05/13/19 Rania Yousef                                           5,000.00 

Bank Transaction Wire 05/23/19 Rania Yousef                                         10,000.00 

Bank Transaction Wire 06/03/19 Rania Yousef                                           2,000.00 

Bank Transaction Check 06/03/19 Rania Yousef                                         50,000.00 

Bank Transaction Wire 06/26/19 Rania Yousef                                           3,000.00 

Bank Transaction Wire 10/10/19 Rania Yousef                                         10,000.00 

Bank Transaction Check 10/22/19 Rania Yousef                                           5,400.00 

Bank Transaction Wire 01/14/20 Cozy Services ‐ Bakarat                                           2,600.00 

Bank Transaction Check 01/16/20 Rania Yousef                                         50,000.00 

Bank Transaction Wire 02/11/20 Bakarat                                           2,600.00 

Bank Transaction Wire 03/10/20 Bakarat                                           2,600.00 

Bank Transaction Wire 03/17/19 Jaes Jewelers                                       150,000.00 

Jewelry Purchase Receipts 06/01/19 Jaes Jewelers                                         47,000.00 

Jewelry Purchase Receipts 06/10/19 Jaes Jewelers                                           6,819.22 

Jewelry Purchase Receipts 09/02/19 Danielli                                         32,000.00 

Jewelry Purchase Receipts 12/18/19 Jaes Jewelers                                           4,802.16 

Jewelry Purchase Receipts 12/18/19 Jaes Jewelers                                         19,790.89 

Total                                     624,663.24

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 25 of 30
EXHIBIT “3”

Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 26 of 30
Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 27 of 30
Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 28 of 30
Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 29 of 30
Case 21-11554-CLC Doc 182 Filed 02/16/23 Page 30 of 30