Case Studies

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

May 6, 2022 admin

453

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

110

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

106

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.

Plaintiff Dismisses Clawback Action Since Transfers Were Proved To Be Pre-Payments

February 16, 2022 admin

252

Before bankruptcy, the Debtor provided steel forging products and services online. On the other hand, our client, the Defendant, sold products and equipment for use on oil fields.

Jones & Associates

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

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

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

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

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

Transfers Subjectively and Objectively Ordinary; Clawback Dropped

Plaintiff Dismisses Clawback Action Since Transfers Were Proved To Be Pre-Payments

Inchoate Lien and New Value Arguments Caused Dismissal for No Payment of Preference Case

Trustee Dismisses Clawback Action Based on Ordinary Course Argument

Trustee’s Clawback Attempt Fails As the Debtor Received Subsequent New Value In Exchange of Payments

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