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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…

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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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Case Summaries

Texas Apex Court Deliberates ‘Good Faith’ In $79M Stanford International Bank Ponzi Clawback

October 8, 2019, Texas – The Texas Supreme Court is deliberating on the interpretation of “good faith” as it relates to the Texas Uniform Fraudulent Transfer Act. The litigating parties recently finished the oral arguments on the question certified by the Fifth Circuit. The apex court will opine on the issue, bringing a …

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Georgia: A Trustee’s One-Year Extension Period to File an Avoidance Action Begins After Concluding a § 341 Meeting Under § 546(a)  

September 1, 2019, Middle District of Georgia– Debtors Kenneth and Janice Brownlee, initially filed the underlying bankruptcy case on March 21, 2017, as a Chapter 11 proceeding. The Trustee brought an adversary proceeding on April 9, 2019, one day less than a year after conducting the § 341 meeting. Defendant …

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The Statutory Language of § 547(c)(4) Limits the New Value Defense to a “Benefitting Creditor” in a Tri-Party Transaction

August 4, 2019, Southern District of Texas– The case revolves around the dispute that arose from a series of three-party transactions between Black Elk Energy Offshore Operations, LLC, The Grand, Ltd, and Freedom Well Services, LLC (“FWS”) somewhere in 2015. The net result of these transactions was the transfer of …

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A Trustee’s Avoidance Claim Under 11 U.S.C.S. § 544, Was Not Subject to Dismissal Despite the State Court’s Ruling That the Parties Contract was Unenforceable.

July 22, 2019, Eastern District of New York – Debtor Jadeco Constr. Corp was in the business of providing asphalt and concrete paving of roadways, curbs, and sidewalks to local municipalities. Jacinto DeAlmeida was the owner, president, and sole officer of the Debtor. In June 2008, the Debtor successfully submitted …

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Madoff Trustee’s Legacy Capital To Go For Trial – Court Denies Trustee Motion for Summary Judgment

July 14, 2019, Southern District of New York, – Last week, the bankruptcy court for Southern District of New York denied the Trustee Irving Picard’s motion for summary judgment against the defendant Legacy Capital, Ltd in the Madoff’s bankruptcy case, thereby sending 9-year clawback case to trial. While considering the motion …

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