About The Firm
Few other firms, if any, have our unique focus on defending preference and fraudulent conveyance cases. Our philosophy is to know everything we can about avoidance litigation so we can give the most effective and incisive service available. Because we focus and specialize so relentlessly, we have unparalleled expertise in our field. We only have a few lawyers, but we have very focused and experienced lawyers. The fact is that in the areas of preference defense and fraudulent conveyance defense, our experience is second to none. Whether representing a Fortune 500 company or a local closely held firm, we have the responsiveness and the experience to ensure the best possible result. We are not distracted by switching from creditor to debtor work. Instead, we benefit from obtaining deeper and more penetrating knowledge of what we do best. What does this do for you? You don’t pay for our education. We put our training and knowledge directly to work for you– immediately with no catch up time.
Who We Are
Our bankruptcy practice is devoted primarily to representing defendants in preference and fraudulent conveyance actions pursuant to Sections 547 and 548 of the Bankruptcy Code. We also routinely represent creditors in defending turnover actions, asserting claims against bankruptcy estates and in motions to lift the automatic stay.
What We Do
We are committed to knowing preference and fraudulent conveyance defense litigation inside out. This means reviewing and analyzing hundreds of preference and fraudulent conveyance judicial opinions issued each and every year. Not only this, we do more. We maintain a database of these opinions and related briefs as part of our precedent file. Why do we do that? So we can provide our clients with stronger defenses against preference or fraudulent conveyance claims.
About Our Expertise
We focus on defending preference and fraudulent conveyance claims. Our focus works and we can prove it:
- We represented a nationally known brand, a sportswear manufacturer against a $900,000.00 preference lawsuit. The case was dismissed with no payment after a substantial amount of discovery. In that case, we successfully argued the rarely effective contemporaneous exchange defense as well as a paid new value argument.
- We successfully defended a large air conditioning company against a preference lawsuit in Delaware Bankruptcy Court. The defendant argued successfully based on our convincing ordinary course defense. This case was dismissed by the plaintiff without cost of a trial.
- We represented a Florida based power services company as a defendant in a preference lawsuit in New York Southern District Bankruptcy Court. The amount of the claim was over $440,000.00. The case was dismissed with no payment based on our relentless representation.
- We represented a nationally known client in the trade show business sued for preference by a large diamond manufacturer. The case was dismissed with no payment. In that case, we were able to prove that the Trustee had failed to prove all elements of section 547(b) of the preference laws. Again, this was dismissed by the Trustee with no trial.
- We represented a nationally known business consultant against a fraudulent conveyance sanction brought by a Trustee in New Jersey Bankruptcy Court. The case was settled for a nominal amount after extensive discovery showed the value of our client’s services.
- As counsel for a Toronto based logistics Company, we settled a $220,000.00 preference action brought by a Trustee in the Delaware Bankruptcy Court, for $1,500.00. The case was settled based on a successful combination of ordinary course and new value defenses.