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Our bankruptcy practice is devoted primarily to representing defendants of preference and fraudulent conveyance actions under Sections 547 and 548 of the Bankruptcy Code. Read More…

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We have deep knowledge of preference and fraudulent conveyance defense litigation. This means reviewing and analyzing hundreds of preference and fraudulent conveyance judicial opinions issued each and every year. Read more…

ABOUT OUR EXPERTISE

We limit our practice to defending preference and fraudulent conveyance claims. Our dedication works and we can prove it. We represented a nationally known brand, a sportswear manufacturer ... Read More…

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Transfer of Money From a Debtor’s Creditor to Pay Off the Debtor’s Debt Was Not a Preference Because the Funds Were Earmarked

September 7, 2018, Northern District of Texas – Debtor Dependable Auto Shippers, Inc. (“DAS”) was a vehicle transport company that contracted both with individuals and with corporate customers. Individual customers paid DAS when they hired the company to transport their vehicles but DAS would bill corporate customers, issuing invoices payable …

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An Oklahoma Bankruptcy Court Dismisses a Trustee’s Complaint Because It Failed to State a Plausible Claim Under 11 U.S.C.S. § 547(b) 

September 6, 2018, Oklahoma –On April 1, 2016, the six PostRock Debtors commenced a bankruptcy case by filing a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The Trustee brought the complaints, asserting causes of action under 11 U.S.C. §§ 547, 548 and 550 to avoid and …

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A Kansas Bankruptcy Court Grants Summary Judgment to Defendants on Preference Transfers Made by Joint Check Under 11 U.S.C.S. § 547(c)(1)

August 16, 2018, Kansas – The six defendants moved as a group for summary judgment on the Chapter 7 Trustee’s preference claims against them under 11 U.S.C. § 547. Each defendant was a supplier of materials or equipment to a Debtor WB Servs., LLC, who was the general contractor for construction …

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A Michigan Court Denies the Defendant’s Motion for Reconsideration Because He was Not Able to Establish Any Defect Concerning a Court’s Grant of Partial Summary Judgment

June 13, 2018, Michigan – Debtor Oakland Physicians Medical Center, L.L.C. d/b/a/ Doctors’ Hospital of Michigan was formed in 2008 to acquire the assets of Pontiac General Hospital in a sale according to 11 U.S.C. §363. Debtor’s members, who at the time consisted of approximately 45 physicians and McLaren Health …

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Third Circuit Affirms the Bankruptcy Court’s Decision to Avoid the Transfers Because Creditors’ Conduct Deviated From the Parties’ Ordinary Course of Business Practices

May 4, 2018, Delaware – Creditors Prudential Real Estate and Relocation Services, Inc. and Prudential Relocation, Inc. appealed from a decision arising from the bankruptcy proceeding of Debtor AE Liquidation, Inc., f/k/a Eclipse Aviation Corporation. Prudential is a company that provides relocation benefits to its clients’ employees. On May 1, …

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A Creditor Who Receives Payment on an Unsecured Claim Is Preferred Because He Does Not Release Any Collateral to the Debtor

April 23, 2018, Arkansas – Trustee M. Randy Rice, for the Debtor Turner Grain Merchandising, Inc. brought an adversary proceeding to avoid a transfer made by the Debtor to a Defendant M-Real Estate LLC as preferential under Sec. 547 and as a constructively fraudulent transfer under Sec. 548. The Defendant …

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A Trustee Could Not Avoid a Pre-Petition Transfer Under Section 547(b)(5) Where a Debtor Had Assumed an Executory Contract Under Section 365

April 3, 2018, Delaware – Debtors NewPage Corp and its affiliates comprised the largest coated paper manufacturer in North America. The Debtors operated sixteen paper mills located in Kentucky, Maine, Maryland, Michigan, Minnesota, and Wisconsin. During its business, the Debtors purchased chemicals from a variety of suppliers, including Defendant ERCO. …

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