Baksht testified at the evidentiary hearing that he “rarely” needs
to take medications and painkillers. (3/4/13 Hrg. Tr. at 151:3-13). But when
faced with prior deposition testimony harmful to his interests (that Schneorson
had a 50 percent equity stake in the Debtor), Baksht tried to disavow his
testimony on the basis that he was on “strong pain killers” during his deposition.
(Mov. Ex. 15 at 67:20-21, 89:1-4, 145:8-10; Mov. Ex. 5 ¶ 10). A claim of drugaffected
testimony is one of Baksht’s recurring ploys. He again claimed to be on
The Debtor’s bankruptcy counsel has failed to file an amended affidavit as required under
Bankruptcy Rule 2016. The existing sworn statement filed under Bankruptcy Rule 2016(b)
represented that Carlebach received a retainer of $5,000 from David Baksht. (Mov. Ex. 1 ¶ 4).
Baksht testified that he did not make that payment. (2/27/13 Hrg. Tr. at 24:7-25).