WHO WE ARE

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…

WHAT WE DO

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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Dismissed For No Payment

November 12, 2018, Northern District of Texas – The Debtors collectively operated a nursery under the name Zelenka Farms. Zelenka was one of the nation’s largest wholesale growers and distributors of container-grown shrubs, trees, perennials, roses, and groundcovers. The Defendant, our client, is a company engaged in the business of transportation …

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Dismissed For No Payment

June 23, 2018, Southern District of Texas – The Debtor, Brougher Inc, dba Forge USA, provided steel forging products and services online. The Defendant, our client, was engaged in the manufacturing of machinery and equipment for use in oil and gas fields. Our client had sold two ingots to the …

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A Defendant May Be Entitled to Sec. 548 Defense When He Acts in Good faith and Without Knowledge of Debtors’ Ponzi Activities

October 17, 2018, Idaho – Debtor DBSI and its related entities were engaged in three main spheres of business and was purportedly engaged in a massive Ponzi scheme. It ran its business and entities as a unified enterprise under common ownership and control with a small group of insiders that …

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A Trustee Could Avoid Only Partial Commission Payments Because Defendant Had No Knowledge of Debtor’s Ponzi Scheme.

October 15, 2018, Florida – The Debtors namely, Providence Financial Investment, Inc. and Providence Fixed Income Fund, LLC operated a Ponzi scheme that defrauded over 400 investors of approximately $64 million. The primary perpetrator of the Ponzi scheme, Anthony Buzaneli, was found guilty of the fraud and convicted of perpetrating …

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A Plaintiff’s Complaints Fail to State a Claim for the Avoidance of the Overdraft Loan Repayment Transfers as Constructively Fraudulent Transfers.

October 10, 2018, Florida – Debtors Able Body Temporary Services, Inc., et al. was engaged in the business of providing staffing services. Briefly, Debtors’ principals, Frank and Anne Mongelluzzi, owned numerous companies (the “Mongelluzzi Entities”). The Mongelluzzi Entities maintained multiple deposit accounts at Defendant Regions Bank. Some of the Mongelluzzi …

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A Bankruptcy Court Rules For Defendant as Trustee Fails to Plausibly Allege the Banks’ Awareness of the Fraudulent Scheme.

October 3, 2018, New York – Last year in August 2017, Irving H. Picard, the trustee for the liquidation trust of Bernard L. Madoff  Investment Securities LLC (“BLMIS”) filed an amended complaint to recover avoidable transfers totaling approximately $156 million from the Defendants BNP Paribas S.A. and its affiliates. BNP …

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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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