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Over 1 Million Dollar Case Dismissed for No Payment

The Debtor was the master lessee for properties owned by a different company, while the Defendant was a money lender. Two years after the Debtor filed for bankruptcy, the Chapter 7 Trustee sought to avoid payments from the Debtor to the Defendant as alleged actual and constructively fraudulent. The Defendant argued that the payments were […]

Case Dismissed for No Payment Right Before Mediation

Before the bankruptcy, the Debtors were a leading producer and processor of value-added petrochemical raw materials such as C4 hydrocarbons. The Defendant specialized in assisting clients and customers in system design, service and repair, and fluid conveyance. The Plaintiff filed a Complaint with claims for Avoidance of Preferential Transfers under 11 U.S.C. § 547 and […]

Case Dismissed for No Payment After We Filed a Motion to Dismiss the Complaint

The Debtor executed a debt-management service agreement with the Defendant and made payments to the Defendant pursuant to the agreement. When the Debtor filed for bankruptcy, the Plaintiff alleged that the agreement was not compliant with state law. The Plaintiff sought to recover the payments, or three times the total amount of the fees, charges, […]

Even Without a Historical Period to Show Ordinariness, We Were Able To Secure A Dismissal of the Complaint for No Payment

The Debtor was a nonprofit organization assisting thousands of vulnerable citizens (and their families) dealing with behavioral health and substance use disorders, housing challenges, and developmental and intellectual disabilities. The Defendant and the Debtor entered into an agreement wherein the Defendant rendered services to the Debtor as a nurse. The Defendant was retained during the […]

Two Cases Dismissed for A Fraction of The Claims Due to Bold Litigation Actions

The Debtors served as a manufacturer’s representation firm selling flexible packaging materials, rigid plastic pet containers, and other plastic packaging commodities for commission to printers, converters, and end users, primarily within the food industry. One of the Defendant provided services to the Debtors as a technology solution provider. The other Defendant entered into a loan […]

Entry of Default Vacated and Dismissal for no Payment

The Debtor and the Defendant were in the charter broker business. The Defendant contacted the Debtor and inquired about a round-trip flight. The Defendant specifically requested a certain aircraft for the flight. The Debtor told Defendant that a flight was available with the selected aircraft, and Defendant paid for the flight. After the payment, the […]

We Secured a Case’s Dismissal for No Payment Notwhithstanding We Had Limited Evidence

The debtor was a vertically integrated aviation leasing, maintenance, overhaul, and testing group. The Defendant, a seasoned company with a 15-year track record, has been a reliable supplier in the fields of commercial, military, and general aviation. The Plaintiff filed a complaint against the Defendant seeking to clawback $269,157.37 as alleged fraudulent transfers and unjust […]

New Hampshire BK Court Upholds Race-Notice Rule to Decide Priority of Lien

Download the full pdf of the opinion by clicking: here January 06, 2023, US Bankruptcy Court for New Hampshire – The New Hampshire Bankruptcy Court decided a priority dispute between a contractor’s mechanic’s lien and a lender’s mortgage in the bankruptcy case of Prospect-Woodward Home (“Debtor”). The Court ruled that the race-notice rule gave an […]

Debtor Sues Former Chief Restructuring Officer for Breach of Fiduciary Duty

Download the full pdf of the complaint by clicking: here January 11, 2023, US Bankruptcy Court for Eastern Kentucky – Coal Network, LLC (“Debtor”) brings an adversary proceeding against Hillyer Group LLC, as a consultant (“Hillyer Group”) and John T. Hillyer, as the former chief restructuring officer (“Mr. Hillyer”) of the Debtor. The complaint makes […]

Liquidators Seek Claw Back of $700M for Alleged Fraud

Download the full pdf of the complaint by clicking: here January 04, 2023, US Bankruptcy Court for Southern New York – Rachelle Frisby and John Johnston, the Joint Provisional Liquidators (“Liquidators”) for PB Life and Annuity Co., Ltd., Northstar Financial Services Ltd., Omnia Ltd., et al., (“Debtors”), sue Global Growth Holdings, Inc., Greg Evan Lindberg […]

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