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Precedents Stipulate That a Trustee Cannot Avoid Transfers From Contracts Assumed By a Debtor Post-Petition

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

Campbellton-Graceville Hospital Trustee Demands Turn Over of $1.3 Billion in Alleged Fraudulent Transfers From Breakwater Medical Group, Purportedly on Pretext of a Fraudulent and Unlawful Pass-Through Billing Scheme

May 24, 2021, Northern District of Florida – Trustee Marshall Glade for the Campbellton-Graceville Hospital Corporation ( “CGH” or “Debtor”) commences a lawsuit against a medical group, Breakwater Medical Group, LLC (“Breakwater Medical” or the “Defendant”) to recover avoided fraudulent transfers in the total amount of $1,394,326.59 according to 11 U.S.C. §§ 548 and 550 […]

Incohate Lien Defense Enabled Defendant To Retain Alleged Preferences Despite a Clawback Action

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

A Hawaiian Financial Services Company Brings a Motion for Partial Summary Judgment on Issue of Reasonably Equivalent Value in a Former Restaurant’s Bankruptcy Case

May 21, 2021, District of Hawaii – Finance Factors Limited, a company offering financial services in Hawaii filed its motion for partial summary judgment as to the issue of “reasonably equivalent value” and “value” as applied in Counts I through V of the complaint filed in the bankruptcy case of AGUPLUS, LLC.  Last year, Plaintiffs AGUPLUS, […]

Orion Energy Funds Moves to Dismiss Plaintiff’s Complaint in Carbonlite Holdings Bankruptcy Case For Failure to State a Claim

May 24, 2021, District of Delaware – Two weeks ago, Defendants Orion Energy Credit Opportunities Fund II, L.P., Orion Energy Credit Opportunities Fund II PV, L.P., and Orion Energy Credit Opportunities Fund II GPFA, L.P. (the “Orion Funds”) moved the court for an order dismissing counts 4 through 8 of the complaint filed by Plaintiffs […]

Cobb & Cole Seeks to Dismiss IPS Worldwide Trustee’s $81 Million Clawback Action, Says Alleged Claims Barred by In Pari Delicto Doctrine

May 25, 2021, Middle District of Florida – Defendants, Cobb & Cole, P.A., and John P. Ferguson recently filed a motion to dismiss the amended adversary complaint of Trustee Alex D. Moglia in the bankruptcy case of IPS Worldwide, LLC (“IPS” or the “Debtor”). In his complaint, Trustee Moglia accused Defendants of alleged professional malpractice, […]

Shamrock Finance Seeks to Avoid Unperfected Security Interests of About 75 Defendants

Debtor-Plaintiff, Shamrock Finance LLC recently brought an adversary proceeding against 73 defendants under Federal Rules of Bankruptcy Procedure 7001(2) and 11 U.S.C. Sections 544 and 551 to avoid defendants’ unperfected security interests.

Bankruptcy Court for Southern District of New York: Pre-Petition Claims May Not Set-Off Against Post-Petition Claims Under Doctrine of Mutuality

The Bankruptcy Court for Southern District of New York recently concluded that the defendant investment institutions are liable for breach of contract and turnover of property because their purported setoffs were invalid and their safe harbor defenses failed.

Consistency of Transactions Revealed Nothing Unusual During Preference & Pre-Preference Period

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.

Debtor Did Not Pay as Per Agreed Payment Terms, Case Still Dismissed For No Payment

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.

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