Jones & Associates

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CASE STUDIES

Transfers Were Consistent with Prior Practices and Defendant Provided Subsequent New Value, Case Dismissed for No Payment

June 10, 2022 admin

Before bankruptcy, debtors were one of the ten largest personal care companies in the United States, holding a diverse portfolio of over fourteen brands across a wide variety of market segments with a particular focus on skin cleansing, hair care, and oral care.

Case Dismissed for No Payment Based on Subsequent New Value Defense

June 10, 2022 admin

Before bankruptcy, the debtor operated as a neuromodulation medical device company while the defendant, our client, designed medical equipment.

Defendant Had No Control Over Transfers And Was A Mere Conduit; Plaintiff Dismissed The Case For No Payment

May 30, 2022 admin

Before filing for bankruptcy, the Debtors and their non-debtor affiliates and subsidiaries were developers and publishers of interactive entertainment software for popular gaming systems, including home video consoles, hand-held platforms, wireless devices, and personal computers including games played online. Our client, the Defendant, is engaged in the marketing and distribution of video games.

Transfers To The Defendant Were Pre-Payments Made in Line With The Contract Terms, Case Dismissed For No Payment

May 10, 2022 admin

Prior to its bankruptcy, the Debtor was an integrated retailer, maintaining business relationships with various entities, through which Debtor regularly purchased, sold, received, and/or delivered goods and services. The Defendant, our client, is a corporation based in Turin, and sold air compressors to the Debtor.

Defendant Received Transfers in Good Faith and as Per Agreed Terms; Plaintiff Drops Fraudulent Conveyance Charges

April 25, 2022 admin

Before the bankruptcy, the Debtor dealt with the purchase and administration of life insurance policies held by persons who were thought to be terminally ill. In December 2014, the court ruled that the Debtor’s principal shareholders and officers violated the country’s securities laws.

Plaintiff Retracts Clawback Claims Based on Ordinary Course and New Value Defenses

April 6, 2022 admin

Before the Debtor went bankrupt, it operated a chain of grocery stores in the Southwest Unites States that focused on freshly prepared and ready-to-eat products. Our client, the Defendant in this case, provided smoked salmon to the Debtor.

Preference and Fraudulent Conveyance Clawback Action Dismissed for No Payment; Debtor Received Value In Exchange of Transfer

March 28, 2022 admin

The Debtors held themselves as direct marketing logistics solutions and management companies that provide comprehensive, specialized, coordinated, and integrated marketing solutions to multinational clients in the IT, hospitality, financial, and publication industries. Our Client, the Defendant, is a Texas-based company that manufactures high-quality, die-cut, custom mail envelopes for the direct mail and advertising industry.

Trustee Dismisses Preference Claim Based on Ordinariness Shown In the Alleged Transfers

March 28, 2022 admin

The Debtor was a provider of communications services, content, and analytics solutions through multiple communication channels, including print, electronic, and internet-based communications, to clients in the healthcare, financial services, manufacturing, retail, and transportation industries. Defendant, our client is a provider of IT services for government, education, healthcare, and rural electric cooperatives.

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

March 15, 2022 admin

Debtors were casino, gambling, and hotel operators who owned and operated two casino hotels in Atlantic City. Our client, the Defendant, is a law firm that represented a former employee of the Debtors in a separate case with the Debtors.

Defenses Based on Inchoate Lien, Subsequent New Value and Ordinary Course of Business Lead to Dismissal of Preference Claim for No Payment

March 10, 2022 admin

The Debtor was a Texas-based company engaged in acquiring, exploring, developing, and producing oil and natural gas properties located in the offshore Gulf of Mexico.

November 11, 2021

November 10, 2021

CASE STUDIES

Transfers Were Consistent with Prior Practices and Defendant Provided Subsequent New Value, Case Dismissed for No Payment

Case Dismissed for No Payment Based on Subsequent New Value Defense

Defendant Had No Control Over Transfers And Was A Mere Conduit; Plaintiff Dismissed The Case For No Payment

Transfers To The Defendant Were Pre-Payments Made in Line With The Contract Terms, Case Dismissed For No Payment

Defendant Received Transfers in Good Faith and as Per Agreed Terms; Plaintiff Drops Fraudulent Conveyance Charges

Plaintiff Retracts Clawback Claims Based on Ordinary Course and New Value Defenses

Preference and Fraudulent Conveyance Clawback Action Dismissed for No Payment; Debtor Received Value In Exchange of Transfer

Trustee Dismisses Preference Claim Based on Ordinariness Shown In the Alleged Transfers

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

Defenses Based on Inchoate Lien, Subsequent New Value and Ordinary Course of Business Lead to Dismissal of Preference Claim for No Payment

Transfers Subjectively and Objectively Ordinary; Clawback Dropped

Plaintiff Dismisses Clawback Action Since Transfers Were Proved To Be Pre-Payments

Inchoate Lien and New Value Arguments Caused Dismissal for No Payment of Preference Case

Trustee Dismisses Clawback Action Based on Ordinary Course Argument

Trustee’s Clawback Attempt Fails As the Debtor Received Subsequent New Value In Exchange of Payments

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