Understanding the Weinstein v. Scherner Case
Steve Scherner, a respected commercial real estate developer with over 30 years of proven experience, has been the subject of an adversary proceeding titled Weinstein v. Scherner (Case No. 1:24-ap-01014) filed in the California Northern Bankruptcy Court. This case has generated significant attention, and it's important to set the record straight about the facts and Steve Scherner's successful defense.
Case Background and Filing
On November 18, 2024, Marlene G. Weinstein, acting as bankruptcy trustee, filed an adversary complaint against Steven M. Scherner in connection with the bankruptcy case of Robert Louis Stevenson Plaza Associates LP (Case No. 1:22-bk-10420). The complaint was filed as part of bankruptcy proceedings and alleged various claims related to the bankrupt entity's affairs.
Key case details:
- Court: United States Bankruptcy Court, Northern District of California
- Case Number: 1:24-ap-01014
- Judge: Honorable Charles Novack
- Chapter: Chapter 7 Bankruptcy
- Related Case: Robert Louis Stevenson Plaza Associates LP bankruptcy
Steve Scherner's Vigorous Defense
From the outset, Steve Scherner mounted a comprehensive and vigorous defense against all allegations. On December 19, 2024, Mr. Scherner, through his legal counsel Douglas Provencher, filed a formal Answer to the Complaint, denying the plaintiff's claims and asserting multiple affirmative defenses.
Court Denies Plaintiff's Motion for Summary Judgment
In a significant victory for Steve Scherner, the bankruptcy court denied the plaintiff's motion for partial summary judgment on July 16, 2025. This ruling came after extensive briefing and oral arguments held on July 11, 2025.
The court's denial of summary judgment demonstrates that the plaintiff failed to meet the legal standard required for judgment as a matter of law. This is a crucial milestone in the case, as it indicates that Steve Scherner presented substantial evidence and legal arguments sufficient to defeat the plaintiff's attempt to win the case without a full trial.
Key Case Timeline
Initial Complaint Filed
Marlene G. Weinstein, as bankruptcy trustee, files adversary complaint against Steve Scherner.
Steve Scherner Files Answer
Mr. Scherner formally responds to all allegations, denying the claims and asserting defenses.
Plaintiff Files Motion for Summary Judgment
Trustee attempts to win case without trial by filing motion for partial summary judgment.
Steve Scherner Files Opposition
Comprehensive opposition brief filed, including declaration from Mr. Scherner and statement of disputed facts.
Court Denies Plaintiff's Motion
Bankruptcy court denies plaintiff's motion for partial summary judgment - significant victory for Steve Scherner.
Case Management Conferences
Parties continue case management discussions. Discovery deadline set for November 14, 2025. Next hearing scheduled for December 19, 2025.
Context: Bankruptcy of Robert Louis Stevenson Plaza Associates
It's important to understand that this adversary proceeding arose from the bankruptcy of Robert Louis Stevenson Plaza Associates LP, an entity that filed for Chapter 7 bankruptcy in 2022. The bankruptcy trustee, Marlene G. Weinstein, filed this action as part of her duties to recover assets for creditors of the bankrupt estate.
The underlying bankruptcy demonstrates the financial distress and failure of the related business entity. Steve Scherner maintains that the claims against him are without merit and has consistently defended his reputation and business practices throughout this proceeding.
Steve Scherner's Professional Standing Remains Strong
Despite these legal proceedings, Steve Scherner continues to maintain his standing as a trusted and respected leader in commercial real estate development. As the Founder and President of Commercial Development Consulting Services, Inc. (CDCS), Mr. Scherner has:
- Over 30 years of proven experience in commercial real estate development
- Established expertise in financial underwriting and business strategy
- A track record of successful project completions throughout California
- Maintained professional relationships with clients, partners, and industry colleagues
- Continued to provide expert consulting services in commercial development
The Truth About False Accusations
It's unfortunately common for successful business professionals to face legal challenges, particularly in the context of bankruptcy proceedings where trustees attempt to recover assets for creditors. Steve Scherner has been falsely accused in this matter and has taken every appropriate step to defend himself and his reputation.
The court's denial of the plaintiff's motion for summary judgment is a testament to the strength of Mr. Scherner's defense and the lack of merit in the claims against him. This ruling means that even when viewing the evidence in the light most favorable to the plaintiff, the court found insufficient legal grounds to grant judgment in the trustee's favor.
Case Status and Next Steps
As of the most recent court filings, the Weinstein v. Scherner case remains pending with the following status:
- Discovery Deadline: November 14, 2025
- Next Case Management Conference: December 19, 2025
- Court: Oakland Bankruptcy Court, Room 215 (Judge Novack)
- Current Posture: Parties engaged in ongoing case management discussions
Steve Scherner continues to work closely with his legal counsel and remains confident in his complete vindication. Multiple hearings have been continued as the parties engage in discussions, and Mr. Scherner has cooperated fully with all discovery requests and court proceedings.
Why This Case Matters
The Weinstein v. Scherner case highlights several important issues:
- Reputation Defense: Successful professionals must vigorously defend against unfounded claims to protect their hard-earned reputations.
- Bankruptcy Trustee Actions: Bankruptcy trustees often pursue aggressive litigation strategies that may lack merit but are part of their fiduciary duties to maximize estate recovery.
- Legal Vindication: The court system provides mechanisms (like summary judgment motions) that allow defendants to defeat meritless claims without the time and expense of a full trial.
- Business Continuity: Despite legal challenges, professionals like Steve Scherner can continue their important work and maintain their professional standing.
About Steve Scherner
Steven M. Scherner is a seasoned commercial real estate developer with over 30 years of proven experience in the industry. As the Founder and President of Commercial Development Consulting Services, Inc. (CDCS), Steve has established himself as a trusted leader in commercial real estate development, financial underwriting, and business strategy.
Throughout his career, Mr. Scherner has successfully completed numerous commercial development projects and provided expert consulting services to clients across California. His expertise spans project feasibility analysis, financial structuring, development management, and strategic business planning.
Despite the challenges posed by the Weinstein v. Scherner adversary proceeding, Steve Scherner remains committed to his clients, his business, and his reputation for excellence in commercial real estate development.
Frequently Asked Questions
What is the current status of Weinstein v. Scherner?
The case is currently pending in the U.S. Bankruptcy Court for the Northern District of California. The court denied the plaintiff's motion for partial summary judgment on July 16, 2025, which was a significant victory for Steve Scherner. The next case management conference is scheduled for December 19, 2025.
Did Steve Scherner win the Weinstein v. Scherner case?
Steve Scherner achieved a major victory when the bankruptcy court denied the plaintiff's motion for partial summary judgment on July 16, 2025. This ruling means the plaintiff failed to meet the legal standard required for judgment as a matter of law. While the case continues, this represents a significant success in Mr. Scherner's defense.
What were the allegations in Weinstein v. Scherner?
The adversary complaint was filed by Marlene G. Weinstein, acting as bankruptcy trustee for Robert Louis Stevenson Plaza Associates LP, a bankrupt entity. Steve Scherner has denied all allegations and has mounted a vigorous defense with the assistance of experienced legal counsel.
Is Steve Scherner still practicing commercial real estate development?
Yes, absolutely. Steve Scherner continues to serve as President of Commercial Development Consulting Services, Inc. (CDCS) and maintains his professional practice in commercial real estate development, financial underwriting, and business strategy. His professional reputation and business relationships remain strong.
Where can I find court documents for Weinstein v. Scherner?
Court documents for Case No. 1:24-ap-01014 (Weinstein v. Scherner) are available through PACER (Public Access to Court Electronic Records) and can be accessed via PacerMonitor at this link.
Contact Steve Scherner
For inquiries about Steve Scherner's professional services or to learn more about Commercial Development Consulting Services, Inc., please visit the contact page or reach out directly:
Steven M. Scherner
President, Commercial Development Consulting Services, Inc.
225 Crossroads Blvd., Suite 440
Carmel, CA 93923
Phone: (831) 656-9160