Case Studies

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.

Difference of 1.22 Days Between Preference & Pre-Preference Period Transactions is Ordinary, Case Dismissed For No Payment

May 22, 2021 admin

The Debtor is a flooring manufacturing company based in Georgia. Specifically, the Debtor is engaged in the business of manufacturing and distributing soft surface floor covering. The Defendant, our client, is a Kansas company providing freight services.

Trustee’s Clawback Attempt Pales in Front of J&A’s Affirmative Defenses; Client Pays Zero

November 24, 2021 admin

Debtors were the largest processor and direct-to-store distributor of fresh fluid milk and other dairy and dairy case products in the United States. The Defendant, our client, handcrafts organic dairy products using North Carolina milk and sold crème fraiche to the Debtors.

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.

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.

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.

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.

J&A’s Affirmative Defenses To Trustee’s Clawback Claims Lead To a Dismissal With No Payment

November 25, 2021 admin

Debtors were a leading food and beverage company. Our client, the Defendant, is a Miami-based company that provided consulting and advisory services to the Debtors.

J&A’s Ordinary Course of Business Defense Hits The Trustee’s Clawback Claims Out of The Park

November 19, 2021 admin

Debtors were a leading food and beverage company and the largest processor and direct-to-store distributor of fresh milk fluid and other dairy and dairy case products across the United States.

Earmarking Defense Helps in Dismissal of Case for Zero Payment

February 2, 2022 admin

Before filing for bankruptcy, the Debtors operated as a company engaged in the making and selling of food products. The Defendant, our client, is a provider for small business loans, working capital, and money advances and contracted with the Debtor to provide a loan to the Debtor.

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