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 New York Bankruptcy Court Declines to Apply the Earmarking Defense to the 11 U.S.C.S. § 549 Claim Because the Transfer in Question Was Not Subject to a Clear Obligation to Pay Defendants

January 29, 2019, New York – On June 1, 2009, Debtor General Motors, Inc. (GM) and certain of its subsidiaries filed voluntary Chapter 11 petitions in the bankruptcy court. GM also filed a motion seeking authority to obtain over $33 billion in post-petition DIP financing from the U.S. and Canadian …

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The Relevant Question Under Sec 547 (c) (2) is not Whether the Transactions were Ordinary with Respect to Some Objective Standard in the Industry, But Whether They Were Consistent with the Course of Dealings Between the Particular Parties

January 25, 2019, New York – Prior to its bankruptcy, Debtor Goodnight Sleep Store, Inc. operated four retail stores and sold beds, mattresses, and related products. By mid-2016, Goodnight was unable to meet its operational costs as they came due and had also fallen significantly behind in paying quarterly payroll …

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A Pennsylvania Court Denies the Defendant’s Motion to Dismiss Because a Trustee Sufficiently Pleaded the Elements of a Constructive Fraudulent Conveyance Under § 548(a)(1)(B)

January 7, 2019, Pennsylvania – Debtor Mechanicsburg Fitness, Inc. was formed, among other things, to operate as a fitness center in Pennsylvania (the “Fitness Center”). To facilitate its stated purpose, the Debtor entered into a lease with Capital Plaza Associates (“Landlord”) for the use of the real property located in …

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Disputed Issues of Fact As to Whether Transfers Were Made in a Similar Manner to Transfers Made Prior to the Preference Period Precluded Judgment in Favor of the Defendant

January 1, 2019, Northern District of Georgia – The Debtors Clayton General, Inc. f/k/a Southern Regional Health System, Inc. d/b/a Southern Regional Medical Center, et al., were a family of healthcare providers servicing residents of Clayton County, Georgia and others throughout the Atlanta metro area through hospital, outpatient clinic, and …

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To Assure the Effectuation Under Section 502 (d), the Claim May be Disallowed Temporarily and Subject to Reconsideration

December 17, 2018. Alaska – Debtor Jessica Giroux, objected to proof of claim under 11 U.S.C. § 502(d), alleging that certain pre-petition payments made to the claimants, Philip, and Rebekah Johnston, constituted fraudulent and preferential transfers that have not been repaid. Brad Giroux (Jessica’s husband) and co-claimant Philip Johnston were partners in …

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Fact Issues As To Whether the Payment Constitutes a Preferential Transfer Under § 547 Because It Allowed Defendant to Receive More Than It Would Under a Chapter 7 Liquidation and Whether The Earmarking Doctrine applies Precluded Summary Judgment in Favor of Plaintiff

November 7, 2018, Puerto Rico – The adversary proceeding was brought before the court upon the plaintiff’s motion for summary judgment filed by the Chapter 7 Trustee for the Debtor Jesus Joel Barreto against a Defendant bank, Cooperativa de Ahorro y Crédito de Aguadilla. On September 5, 2014, the Debtor …

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