Case Studies

Ordinary Course and New Value Defenses Lead to Dismissal of Trucking Preference Action for No Payment

October 14, 2026 Trisha Aguila

A Chapter 11 debtor in a nationwide trucking bankruptcy sued our client, a motor carrier, to recover $103,802.80 in alleged preferential transfers made during the 90 days before the bankruptcy filing. Our client had provided freight transportation services to the debtor’s logistics subsidiary for more than two years. We developed an ordinary course of business […]

Freight Billing Agent Escapes Liability Under Mere Conduit Defense

May 20, 2026 Trisha Aguila

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Commission Preference Action Dismissed Based on Ordinary Course, New Value, and Reasonably Equivalent Value

May 20, 2026 Trisha Aguila

A nationwide freight transportation company sued a commission‑based service provider to recover $16,370.00 in two payments as alleged preferential transfers under section 547(b) and constructively fraudulent transfers under section 548(a)(1)(B). The payments, issued within the 90‑day preference window, arose under a volume‑based participation agreement governing commission services. We prepared a position statement advancing an ordinary […]

Preference and Fraudulent Transfer Claims Dismissed After Ordinary Course and New Value Defenses

May 20, 2026 Trisha Aguila

A Chapter 7 trustee for a national home goods retailer filed suit against a retail facility maintenance and construction services provider to recover $104,647.80 in alleged preferential transfers under section 547, with an alternative constructive fraudulent transfer claim under section 548. The challenged payments, all made within the 90‑day preference period before the bankruptcy filing, […]

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

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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 […]

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