Case Studies

Defendant Had No Control Over Transfers And Was A Mere Conduit; Plaintiff Dismissed The Case For No Payment

September 14, 2022 admin

Before filing for bankruptcy, the Debtors and their non-debtor affiliates and subsidiaries were developers and publishers of interactive entertainment software for popular gaming systems, including home video consoles, hand-held platforms, wireless devices, and personal computers including games played online. Our client, the Defendant, is engaged in the marketing and distribution of video games.

Case Dismissed for No Payment Based on Subsequent New Value Defense

August 10, 2022 admin

Before bankruptcy, the debtor operated as a neuromodulation medical device company while the defendant, our client, designed medical equipment.

Transfers Were Consistent with Prior Practices and Defendant Provided Subsequent New Value, Case Dismissed for No Payment

July 10, 2022 admin

Before bankruptcy, debtors were one of the ten largest personal care companies in the United States, holding a diverse portfolio of over fourteen brands across a wide variety of market segments with a particular focus on skin cleansing, hair care, and oral care.

Defendant Received Transfers in Good Faith and as Per Agreed Terms; Plaintiff Drops Fraudulent Conveyance Charges

June 25, 2022 admin

Before the bankruptcy, the Debtor dealt with the purchase and administration of life insurance policies held by persons who were thought to be terminally ill. In December 2014, the court ruled that the Debtor’s principal shareholders and officers violated the country’s securities laws.

Plaintiff Retracts Clawback Claims Based on Ordinary Course and New Value Defenses

May 6, 2022 admin

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Before the Debtor went bankrupt, it operated a chain of grocery stores in the Southwest Unites States that focused on freshly prepared and ready-to-eat products. Our client, the Defendant in this case, provided smoked salmon to the Debtor.

Trustee Dismisses Preference Claim Based on Ordinariness Shown In the Alleged Transfers

April 19, 2022 admin

The Debtor was a provider of communications services, content, and analytics solutions through multiple communication channels, including print, electronic, and internet-based communications, to clients in the healthcare, financial services, manufacturing, retail, and transportation industries. Defendant, our client is a provider of IT services for government, education, healthcare, and rural electric cooperatives.

Preference and Fraudulent Conveyance Clawback Action Dismissed for No Payment; Debtor Received Value In Exchange of Transfer

April 1, 2022 admin

The Debtors held themselves as direct marketing logistics solutions and management companies that provide comprehensive, specialized, coordinated, and integrated marketing solutions to multinational clients in the IT, hospitality, financial, and publication industries. Our Client, the Defendant, is a Texas-based company that manufactures high-quality, die-cut, custom mail envelopes for the direct mail and advertising industry.

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

March 15, 2022 admin

Debtors were casino, gambling, and hotel operators who owned and operated two casino hotels in Atlantic City. Our client, the Defendant, is a law firm that represented a former employee of the Debtors in a separate case with the Debtors.

Defenses Based on Inchoate Lien, Subsequent New Value and Ordinary Course of Business Lead to Dismissal of Preference Claim for No Payment

March 10, 2022 admin

The Debtor was a Texas-based company engaged in acquiring, exploring, developing, and producing oil and natural gas properties located in the offshore Gulf of Mexico.

Transfers Subjectively and Objectively Ordinary; Clawback Dropped

February 21, 2022 admin

Before filing for bankruptcy, Debtor was a truckload carrier that provided shipping services across the U.S. and neighboring countries. Our client, the Defendant, is a North American refrigerated, flatbed, tanker, and intermodal trucking company.

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