Jones & Associates – Representing defendants of preference and fraudulent conveyance actions under Sections 547 and 548 of the Bankruptcy Code

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CASE STUDIES

Jones & Associates prove a strong ordinary course and subsequent new value defense, case dismissed for zero payment

December 7, 2021 admin

Debtors were in the entertainment and media business based in California. Their portfolio included daily and weekly newspapers, magazines, and other specialty publications. The Orange County register was their flagship publication. Defendant, our client, is a manpower and staffing personnel service company and provided staffing services to one of the Debtors’ various departments.

Defendant was paid for its donuts in the ordinary course, Trustee’s case dismissed for no payment

December 1, 2021 admin

Debtors operated as the master franchisee for Dunkin’ Donuts retail stores. They operated Dunkin’ Donuts stores across New York, South Carolina, and Nevada. Our client, the Defendant, supplied donuts to the Debtors’ various locations for many years since 2007.

Jones & Associates’ subsequent new value argument entirely wipes out Plaintiff’s preference clawback, Defendant pays nothing

November 30, 2021 admin

Debtor was a New Hampshire based technology company producing innovative crystal growth equipment for the global electronics, solar, and LED industries.

Difference of 1.2 days in the payment averages resulted in dismissal of the preference claim for no payment

November 29, 2021 admin

Debtors were engaged in manufacturing and distributing soft surface floor covering in Georgia. Defendant, our client, is a not-for-profit company based in Kansas and provided freight services to the Debtors.

J&A’s affirmative defenses to Trustee’s clawback claims lead to a dismissal with no payment

November 25, 2021 admin

Debtors were a leading food and beverage company. Our client, the Defendant, is a Miami-based company that provided consulting and advisory services to the Debtors.

Trustee’s clawback attempt pales in front of J&A’s affirmative defenses; client pays zero

November 24, 2021 admin

Debtors were the largest processor and direct-to-store distributor of fresh fluid milk and other dairy and dairy case products in the United States. The Defendant, our client, handcrafts organic dairy products using North Carolina milk and sold crème fraiche to the Debtors.

Trustee dismisses clawback claims after J&A proves that transfers were identical to pre-preference transfers

November 23, 2021 admin

The Debtors manufactured, marketed, and distributed a wide variety of branded and private label dairy and dairy case products across the United States. The Defendant is a Tennessee-based company that provided transportation services between the Debtors' production, cold storage, and distribution centers.

J&A’s Ordinary Course of Business Defense hits the Trustee’s Clawback Claims out of the Park

November 19, 2021 admin

Debtors were a leading food and beverage company and the largest processor and direct-to-store distributor of fresh milk fluid and other dairy and dairy case products across the United States.

Trustee Dismisses Fraudulent Conveyance Clawback Based on J&A’s Reasonably Equivalent Value Argument

June 13, 2021 admin

809

The Debtors are a company incorporated in Guadalupe, Arizona and they own and operate restaurants.

J&A Prevails with Preference Case Dismissal Arguing Lack of Antecedent Debt

June 11, 2021 admin

231

The Debtors collectively operated a nursery and was one of the nation’s largest wholesale growers and distributors of container-grown shrubs, trees, perennials, roses, and groundcovers.

J&A’s Assumption of Contract Assertion Defeats Preference Clawback Attempt

June 3, 2021 admin

123

The Debtors operated as a company engaged in the exploration and production of oil and gas in the United States.

J&A Terminates Trustee Case with Winning Ordinary Course Brief

June 2, 2021 admin

The Debtors are manufacturers of automotive acoustical services including reclaimed cotton acoustical insulation, polypropylene splash shields and fender insulators, and resin-free mouldable acoustical insulators.

Client Pays Zero With Jones & Associates’ Creative Incohate Lien Defense

June 1, 2021 admin

151

The Debtor is a company engaged in the exploration and production of oil and gas in the United States.

Base Period Comparison Results in Complete Dismissal for Jones & Associates Client

May 30, 2021 admin

The Debtors were engaged in the business of manufacturing and distributing soft surface floor covering based in Georgia. The Defendant, our client, is a not-for-profit shippers association based in Minnesota. The Defendant provided freight services to the Debtors.

Payments Under Contract Terms Deemed Ordinary, Plaintiff Dismissed Case For No Payment

May 30, 2021 admin

The Debtor is a company engaged in the business of operating, servicing and maintaining or drilling oil and gas wells and pipeline systems on a contract basis and in the course of such operation regularly and customarily enters into contracts with independent contractors for the performance of service relating thereto.