PBA Plaintiff Seeks to Avoid Liens in Puerto Rico Government Real Properties
September 27, 2021, District of Puerto Rico – Under Federal Rules of Bankruptcy Procedure 7001(1), (2), and (9), the Puerto Rico Public Building Authority (“PBA”), by and through the Financial Oversight and Management Board for Puerto Rico (“FOMB”) prosecutes Defendants AmeriNational Community Services, LLC and Cantor-Katz Collateral Monitor LLC, alleging that the Defendants’ asserted liens […]
Fairview Funding Trustee Demands $410k From Philadelphia Based Premier Home Care Agency
September 21, 2021, District of New Jersey – Trustee Daniel E. Straffi for the bankruptcy estate of Fairview Funding, LLC (the “Debtor”), brings a complaint against a premier home care agency, Top Choice Home Care LLC, and its president, Samera Butler for alleged breach of agreement, breach of guaranty, turnover of property and unjust enrichment. […]
L&L Wings Seeks Disallowance Of $15M Claim
October 6, 2021, Southern District of New York – Plaintiff L&L Wings, Inc., by its attorneys, Davidoff Hutcher & Citron LLP, files a complaint against Beach Mart, Inc. (“BMI”), seeking reduction and disallowance of a claim filed by BMI or in alternative equitable subordination of the claim. Debtor operates 26 beachwear retail stores under the […]
Klein & Wilson Appointed As a Special Counsel in Parks Diversified, LP
October 5, 2021, Central District of California – Upon consideration of the application of Debtor & Debtor in possession Parks Diversified, LP, ( Bankruptcy Case Number – Case No. 8:21-bk-11558-TA) the Court recently approved the employment of Klein & Wilson, as Chapter 11 Special Litigation Counsel for the Debtor. The special counsel will assist the Debtor and perform the following tasks, to wit: To advise […]
New Article : Navigating Preference Actions in Retail Industry Restructurings
9/17/2021 – Navigating Preference Actions in Retail Industry Restructurings (Authors: Colin Adams and Michael A. Cohen / Colin Adams is senior managing director at M3 Partners. Michael A. Cohen is managing director at Stretto.) https://www.law.com/newyorklawjournal/2021/09/17/navigating-preference-actions-in-retail-industry-restructurings/ (1)
Clawback Lawsuits in Emporia Property Group Bankruptcy Case
October 6, 2021, District of Kansas – Plaintiff Sharon Stolte, as the Liquidating Agent of Emporia Property Group Liquidating Trust, for the bankruptcy estate of Debtor Emporia Property Group, LLC, initiated clawback actions against ten (10) defendants to avoid and recover approximately $400k as preferences and fraudulent conveyances under sections 548 and 550 of the […]
Beach Orangethorpe Hotel Sues Multiple Defendants for Alleged Breach of Fiduciary Duty in The Source Hotel Bankruptcy
September 29, 2021, Central District of California – Plaintiff Beach Orangethorpe Hotel, LLC (BOH), Jian Hua, Haiyuan Ma, Jiaxin Bao, Jingkun Shan, Jun Liu, Zhen Liu, Ziyu Li, Hongwei Liu, and Dongmei Shi (collectively, “Plaintiffs”), recently brought an adversary proceeding against M&D Regional Center, Shady Bird Lending, LLC, M+D Properties, Evertrust Bank and few others […]
A Foreign Defendant Moves to Dismiss Kmart Holdings’ Complaint for Insufficient Service of Process
October 8, 2021, Southern District of New York – Defendant, Cleva Hong Kong Ltd. moves to dismiss a $13.8 million clawback action brought against it by the Plaintiff-Debtors Sears, Roebuck and Co. and Kmart Holding Corporation in the bankruptcy case of Sears Holdings Corporation, et al for insufficient service of process. The Defendants argue that […]
A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading
September 30, 2021, Northern District of Georgia – The Trustee of Menser’s Chapter 7 bankruptcy estate sought to avoid the premium payments from Defendant Nationwide Mutual Insurance Company as fraudulent conveyances. The Trustee argued that Nationwide was the initial or subsequent transferee of the premium payments. Further, the alleged payments were actual fraudulent transfers as […]