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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…

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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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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TransCare Corp Trustee Hits $10M Clawback Suit Against Lynn Tilton and Patriarch Partners

February 23, 2018, New York – The trustee for bankrupt ambulance company TransCare Corp. hit Lynn Tilton and her private equity firm Patriarch Partners with a $10 million clawback suit in New York bankruptcy court, alleging the onetime owners of TransCare blew up the company through mismanagement and an “outrageous” …

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If All That Occurs in a “Transfer” is the Substitution of One Creditor for Another, No Preference is Created

January 30, 2018, Mississippi – The Debtor/plaintiff Wendi Dow Litton commenced a complaint against Defendant Apperson Crump, PLC alleging that certain payments made to the Defendant were avoidable preferences under §547. The Debtor entered into a retainer agreement with attorney Rachel Putnam, then a solo practitioner. Ms. Putnam later became …

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