August 6, 2020, Western District of Texas – Little River Healthcare Holdings LLC, the operator of two rural hospitals in Texas and other healthcare-related centers recently initiated more than 80 lawsuits against several creditors seeking to recover preferential transfers of property that occurred during the ninety (90) day period before …
Read More »Reagor Dykes Auto Group Trust Brings $9M Lawsuit Against AimBank
August 3, 2020, Northern District of Texas – Dennis Faulkner, the trustee of the Reagor Dykes Auto Group Creditors Liquidating Trust for the Debtors Reagor Dykes Motors, LP, et al recently initiated a lawsuit against Defendant AimBank in the U.S. Bankruptcy Court for the District of Northern Texas. The Trustee …
Read More »A Preference Transfer Made for a Labor Contract May Invoke New Value Defense Only When “Work” Begins After a “Preference”
August 1, 2020, Central District of Illinois – Defendant, a radiologist, is a former employee and shareholder of a Debtor. The Defendant began working for the Debtor in 2003. He became a shareholder in 2005 and remained a shareholder until April 2012, at which time he sold his shares in …
Read More »Madoff Investor Urges Court to Stay Trustee’s $2.8M Clawback Attempt
April 2, 2020, Southern District of New York – Bernie Madoff investor, James Greiff urged a New York bankruptcy court to stay an upcoming trial on whether the Madoff trustee can clawback $2.8 million that Grieff allegedly received from the convicted scammer. The investor requested for a stay on the …
Read More »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 …
Read More »Worley & Obetz Trustee Seeks to Hire Karalis PC to Determine the Timing and Purpose of Alleged Preference and Fraudulent Transfers
July 3, 2019, Eastern Pennsylvania– Trustee Christine Shubert for the bankruptcy estate of Worley and Obetz, Inc., a total energy provider, continues to recoup millions of dollars allegedly drained from the company. According to the Trustee, former Worley & Obetz CEO and others created nearly $2B in fake revenue as …
Read More »Puerto Rico Board Sues to Clawback $392 Million in ERS Payments
June 1, 2019, Puerto Rico– The Financial Oversight & Management Board (FOMB) for Puerto Rico recently filed several claims against bondholders of the Employees Retirement System (ERS) to recover approximately $392 million in aggregate payments. The FOMB also sued the government suppliers to the ERS and Highways & Transportation Authority …
Read More »Sears Estate Wants To Avoid $194M Clawback Fight in Canada
May 19, 2019, New York – Sears Holdings Corp is urging a New York bankruptcy judge to reject an attempt to bring the company to a Canadian court to clawback more than $194 million in dividends it received from Sears Canada. Sears Holdings Corp wants the dispute to be settled …
Read More »JP Morgan settles GM Bankruptcy Suit For $231 Million.
May 13, 2019, New York – JPMorgan Chase Bank, N.A., and other financial institutions have finally agreed to settle with Wilmington Trust Company, solely in its capacity as trust administrator and trustee of the Motors Liquidation Company Avoidance Action Trust (the “AAT”), as established under the Debtor General Motors’ second …
Read More »Transfer of Money From a Debtor’s Creditor to Pay Off the Debtor’s Debt Was Not a Preference Because the Funds Were Earmarked
September 7, 2018, Northern District of Texas – Debtor Dependable Auto Shippers, Inc. (“DAS”) was a vehicle transport company that contracted both with individuals and with corporate customers. Individual customers paid DAS when they hired the company to transport their vehicles but DAS would bill corporate customers, issuing invoices payable …
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