Case Studies

Preference And Fraudulent Transfer Claims Dismissed After Establishing Fully Secured Status And New Value Defense

March 11, 2026 Trisha Aguila

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 […]

0.5% Settlement On $644,919 Preference And Fraudulent Transfer Claim In National Logistics Dispute

February 11, 2026 Trisha Aguila

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 […]

Turnover Claim Defeated For Non Party Management Company In Construction Receivables Dispute

January 20, 2026 Trisha Aguila

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. […]

Favorable Dismissal Of Preference Action For No Payment In Pharmaceutical Chapter 7 Case

January 7, 2026 Trisha Aguila

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 […]

Fraudulent Transfer Case Dismissed After Demonstrating Loan Repayment And Reasonably Equivalent Value

December 19, 2025 Trisha Aguila

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 […]

Favorable Dismissal For No Payment In Pharmaceutical Adversary Proceeding

November 13, 2025 Trisha Aguila

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 […]

Preference Action Against Inspection Services Provider Resolved On Favorable Terms After Ordinary Course And New Value Analysis

October 17, 2025 Trisha Aguila

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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September 2, 2025 Trisha Aguila

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 […]

Favorable Dismissal For No Payment Achieved After Proving Delivery of Goods in Bankruptcy Adversary Proceeding

September 2, 2025 Trisha Aguila

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 […]

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

February 6, 2025 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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