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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

Trustee’s Complaint Did Not Provide Sufficient Allegations to Support Plausible Claims Against a Partnership Under the Massachusetts Fraudulent Transfer Act

May 7, 2020, Massachusetts – Gary W. Cruickshank, Chapter 7 Trustee for the bankruptcy estate of Debtor DebBlast Fitness Group, LLC (“BFG”), brought lawsuits against forty named and dozens of unnamed defendants, including Dixon Family Limited Partnership (the “Partnership”), a Delaware limited partnership whose general partner was a Defendant, Harold …

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Summary Judgment Granted in Favour of a Plan Administrator on Meeting Burden As to the Presence of the Elements of a Preferential Transfer Under 11 U.S.C. § 547(b)

April 6, 2020, Southern District of Texas, Houston – Joshua Searcy, the Plan Administrator of the estate of Debtor EMAS Chiyoda Subsea, Inc. (“EMAS Subsea”) brought an adversary proceeding against Defendant Pharma-Safe Industrial Services, Inc. (“Pharma-Safe”) to avoid and recover a $39,168.32 payment under 11 U.S.C. §§ 547 and 550. Pharma-Safe …

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US Trustee Objects to Barney Buyers’ Motion Seeking Leave for Commencement and Prosecution of Clawback Actions

March 6,2020, Southern District of New York – Recently, William K. Harrington, the United States Trustee for the Barney’s New York estate (“Debtors”) filed an objection to the request made by a liquidator of the Debtors’ assets regarding its standing to clawback payments made by the bankrupt retail chain. The …

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More than Ten Years Into the Infamous Madoff scam – Thousands of People Still Picking Up the Pieces

March 1, 2020, New York – Yesterday, Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) announced the commencement of eleventh pro rata interim distribution from the customer fund to eligible BLMIS customers. The SIPA Trustee is distributing approximately …

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Debtor Cannot State a Cause of Action Under Either §§ 544 or 547, Where No Transfer Has Occurred

February 25, 2020, Eastern District of Pennsylvania–Debtor Anthony R. Petitio brought a complaint against the Defendant Deutsche Bank Nat’l Trust Co to avoid the bank’s security interest in the Debtor’s home as fraudulent transfer under Bankruptcy Code § 544 and as preferential transfer under § 547. Earlier in 2005, the …

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Sears Holdings Continues to File Hundreds of Clawback Suits     

February 14, 2020, New York –Earlier this month, Chapter 11 Debtors, Sears Holdings Corporation, et al (“Debtors”) filed more than 400 preference complaints to recover money from paid pre-petition creditors. The Debtors are continuing to file more and more adversary proceedings with each passing day. The filings of these clawback lawsuits …

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