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CASE STUDIES

Freight Billing Agent Escapes Liability Under Mere Conduit Defense

Trisha Aguila
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Commission Preference Action Dismissed Based on Ordinary Course, New Value, and Reasonably Equivalent Value

Trisha Aguila
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A nationwide freight transportation company sued a commission‑based service provider to recover $16,370.00 in two payments as alleged preferential transfers under section 547(b) and constructively fraudulent transfers under section 548(a)(1)(B). The payments, issued within the 90‑day preference window, arose under a volume‑based participation agreement governing commission services. We prepared a position statement advancing an ordinary […]
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Preference and Fraudulent Transfer Claims Dismissed After Ordinary Course and New Value Defenses

Trisha Aguila
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A Chapter 7 trustee for a national home goods retailer filed suit against a retail facility maintenance and construction services provider to recover $104,647.80 in alleged preferential transfers under section 547, with an alternative constructive fraudulent transfer claim under section 548. The challenged payments, all made within the 90‑day preference period before the bankruptcy filing, […]
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Preference And Fraudulent Transfer Claims Dismissed After Establishing Fully Secured Status And New Value Defense

Trisha Aguila
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The Plaintiff, a Chapter 7 trustee, sued private lenders to recover $278,529.97 in alleged preferential and fraudulent transfers under sections 547 and 548 of the Bankruptcy Code. The transfers represented loan payoff proceeds the lenders received upon the sale of a Denver property securing their $475,000 in loans to the debtor’s closely held real estate […]
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0.5% Settlement On $644,919 Preference And Fraudulent Transfer Claim In National Logistics Dispute

Trisha Aguila
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A liquidation trustee sued a national transportation and logistics provider to avoid and recover $644,919.22 in alleged preferential and fraudulent transfers under sections 547, 548, 550, and 502. The Trustee claimed that freight payments made during the 90‑day preference period were avoidable, sought disallowance of the carrier’s claims, and pursued full recovery of the transfers […]
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Turnover Claim Defeated For Non Party Management Company In Construction Receivables Dispute

Trisha Aguila
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A Chapter 7 trustee for a construction company filed an adversary proceeding seeking turnover of $60,370.07 in alleged receivables under 11 U.S.C. §§ 541 and 542 from a property management firm and a homeowners association. The Trustee contended that both defendants were jointly liable for unpaid construction services rendered on a large structural repair project. […]
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Favorable Dismissal Of Preference Action For No Payment In Pharmaceutical Chapter 7 Case

Trisha Aguila
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In a Chapter 7 adversary proceeding arising from a large pharmaceutical bankruptcy, the Trustee sought to recover alleged preferential transfers from our client, a long‑standing supplier of natural sweeteners used in the Debtor’s manufacturing operations. The complaint exposed our client to significant potential liability despite its ordinary, arm’s‑length commercial relationship with the debtor. Our team […]
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Fraudulent Transfer Case Dismissed After Demonstrating Loan Repayment And Reasonably Equivalent Value

Trisha Aguila
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A Chapter 7 trustee filed an adversary proceeding alleging that transfers to a commercial finance company were fraudulent because they were made for less than reasonably equivalent value. The complaint characterized the payments as made in connection with the purchase of receivables and sought to avoid and recover them as constructively fraudulent transfers. Drawing on […]
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Favorable Dismissal For No Payment In Pharmaceutical Adversary Proceeding

Trisha Aguila
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A Chapter 7 trustee sued our client, a pharmaceutical developer and manufacturer, for alleged preferential and fraudulent transfers tied to a long‑term supply relationship. After our representation, the case was dismissed, and our client paid nothing.​ Our client had worked with the debtor for years under a detailed development and supply agreement for a veterinary […]
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Preference Action Against Inspection Services Provider Resolved On Favorable Terms After Ordinary Course And New Value Analysis

Trisha Aguila
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A Chapter 7 trustee brought a preference action against an industrial inspection company, seeking to avoid and recover $74,319.00 in alleged preferential transfers under sections 547 and 550 and to disallow the company’s claims under section 502(d). The debtor was a specialty chemical manufacturer; the Defendant provided on‑site radiographic and related inspection services at the […]
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Trisha Aguila
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In a high-stakes bankruptcy dispute, the Chapter 7 Trustee brought claims against the defendant seeking to recover alleged fraudulent transfers totaling $1,950,000.00. The transfers were drawn from a joint bank account shared between the Debtor and his son, with the Trustee asserting that the funds constituted property of the bankruptcy estate. We prepared a rigorous […]
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Favorable Dismissal For No Payment Achieved After Proving Delivery of Goods in Bankruptcy Adversary Proceeding

Trisha Aguila
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The Defendant was sued in an adversary proceeding brought by a Chapter 11 Plan Administrator, seeking repayment of $256,696.70 in alleged transfers from a bankrupt entity. The Plan Administrator claimed the transfers constituted debtor’s property. The Plan Administrator asserted that the corresponding goods were never delivered, seeking full turnover of the disputed amount. Leveraging a […]
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Analysis and Interpretation of the Contract Between the Parties Resulted in a Settlement and Dismissal of Case for Less than 5% of the Complaint Amount

Trisha Aguila
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The Debtor, an automotive distribution company, entered into an agreement with the Defendant to become a domestic vehicle dealer. The Defendant deposited 50% of the total amount due, but the Debtor returned this deposit when the business opportunity fell through. After the Debtor filed for bankruptcy, the Trustee sued the Defendant for actual and constructive […]
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Payment History and New Value Defenses Led to a Settlement for 3% of the Complaint Amount

Trisha Aguila
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The Debtors were leaders in developing sustainable data centers for blockchain and cryptocurrency mining, operating multiple facilities that served various customers with hosting, mining, and equipment sales. The Defendant, a Minnesota logistics company, provided storage, fulfillment, and transportation services under a Warehouse Distribution Agreement that began in early 2022. They invoiced weekly for storage, per […]
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Case Settled for 4% of the Complaint Amount After Demonstrating Ordinary Course of Business and Subsequent New Value Defenses

Trisha Aguila
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The Debtors, a leading global beauty company, operate a diverse portfolio of brands and sell products in over 100 countries. The Defendant, a long-time vendor, supplied secondary packaging for the Debtors’ promotional and retail products. After a decade-long business relationship, we demonstrated that the Defendant received consistent payments due to: 1) regular shipments and invoicing; […]
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