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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…

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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

Section 548(e)(1) Does Not Condition Avoidance on a Trust Being Deemed Invalid and Unlawful Under State Law.

April 2, 2019, Western District of Texas– Debtor Stephen Jeffery Cyr was an orthopedic surgeon who had a substantial income and enjoyed an extravagant lifestyle. The Debtor and his spouse Leann Marry, also a Defendant in this case, allegedly attempted to shield their income, assets, and lifestyle from creditors, while …

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Perfection Under Sec. 547 (e)(1) Occurs When a Bonafide Purchaser of a Property Cannot Acquire an Interest that is Superior to the Interest of the Transferee.

March 27, 2019, Northern District of Georgia – Trustee Jason L. Pettie, for the estate of Debtor Mark Louis Greiner, brought a lawsuit against a Defendant Quicken Loans, Inc. to recover and avoid a transfer as a preference under 11 U.S.C. § 547(b) when it recorded a security deed on …

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Georgia Bankruptcy Court Allows Trustee To Seek Disallowance of a Claim Even After the 11 U.S.C.S. § 546(a) Two-Year Limit Passed

March 14, 2019, Georgia– Debtor Mathew David Miller acquired a residential real property (“Property”) in Georgia in 2005. Two years later, on January 31, 2007, the Debtor borrowed funds from ABN AMRO Mortgage Group, Inc. (“ABN”) in the amounts of $168,000 (Note 1) and $26,000 (Note 2), and granted two …

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Millennium Lab Holdings II Trustee’s $35M Clawback Suit Survives in the Delaware Bankruptcy Court

March 1, 2019, Delaware–  Recently, in the Millennium Lab Holdings II, LLC’s bankruptcy case, the Honorable Judge Selber Silverstein denied the Defendant Banks’ motion to dismiss the Millennium trustee’s complaint to clawback over $35.3 million as actual and constructive fraudulent conveyances under Sec. 548(a)(1)(A) and 548(a)(1)(B) of the Bankruptcy Code. …

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Split Sixth Circuit – Greektown Casino’s Trustee Cannot Seek to Recover Nearly $177 Million From Sault Ste. Marie Tribe of Chippewa Indians Pursuant to Tribal Immunity From the Bankruptcy Code

February 26, 2019, Michigan–  On February 26, 2019, the Sixth Circuit Court of Appeals – which has jurisdiction over Michigan, Ohio, Kentucky and Tennessee – upheld the decision of a federal court in Michigan, which ruled that Congress did not clearly, and unequivocally abrogate Native American tribes’ sovereign immunity from …

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