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…

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 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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Recovery in Madoff Clawback Suits Reaches $12 Billion Mark

March 28, 2018, New York – The Securities Investor Protection Act (SIPA) Trustee has, so far, recovered or reached agreements to recover approximately $12.874 billion of the estimated $17.5 billion in principal lost in the Ponzi scheme by Bernard L. Madoff Investment Securities LLC (BLMIS) customers. This recovery represents more …

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A Creditor Bank Successfully Proves Non-Dischargeability of Debt Under Sec. 523(a)(2)(B) Owing to Debtor’s False Financial Statements

March 20, 2018, Southern Texas – Creditor Heritage Bank brought an adversary proceeding against Debtor James W. McCracken to determine the dischargeability of the certain debt owed to it by the debtor. Heritage alleged that McCracken’s debts to it were nondischargeable under 11 U.S.C. §523(a)(2)(B) and, alternatively, 11 U.S.C. §727(a)(3). …

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Supreme Court Limits Ch. 11 Safe Harbor For Securities Clawbacks

February 27, 2018, New York – Resolving the circuit split over the scope of the Bankruptcy Code’s “safe harbor” provision exempting certain securities transactions from clawbacks, the U.S. Supreme Court unanimously concluded that a transfer could be undone in bankruptcy if funds simply move through a financial institution without benefiting …

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Bahraini Bank, Investment Co. Can’t Escape Ch. 11 Clawback Actions

February 5, 2018, New York – U.S. Bankruptcy Judge Sean H. Lane found that Arcapita’s creditors can seek to retrieve $30 million in investments in Bahrain Islamic Bank and Bahrain-based Tadhamon Capital BCS, rejecting the banks’ arguments that the investments’ foreign nature shields them from clawback attempts. The judge denied …

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