Case Studies

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.

Jones & Associates’ Subsequent New Value Argument Entirely Wipes Out Plaintiff’s Preference Clawback, Defendant Pays Nothing

November 30, 2021 admin

Debtor was a New Hampshire based technology company producing innovative crystal growth equipment for the global electronics, solar, and LED industries.

Defendant Was Paid For Its Donuts in The Ordinary course, Trustee’s Case Dismissed For No Payment

December 1, 2021 admin

Debtors operated as the master franchisee for Dunkin’ Donuts retail stores. They operated Dunkin’ Donuts stores across New York, South Carolina, and Nevada. Our client, the Defendant, supplied donuts to the Debtors’ various locations for many years since 2007.

Trustee Dismisses Clawback Action Based on Ordinary Course Argument

February 9, 2022 admin

One of the Debtors, with whom the Defendant conducted business, was a full-service licensed distributor of sports and entertainment products. The Defendant, and our client, manufactures and sells collectible action figures.

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

February 9, 2022 admin

Before the Petition Date, the Debtors collectively operated a nursery which was the nation's largest wholesale growers and distributors of container-grown shrubs, trees, perennials, roses, and groundcovers.

Jones & Associates Prove a Strong Ordinary Course and Subsequent New Value Defense, Case Dismissed For Zero Payment

December 7, 2021 admin

Debtors were in the entertainment and media business based in California. Their portfolio included daily and weekly newspapers, magazines, and other specialty publications. The Orange County register was their flagship publication. Defendant, our client, is a manpower and staffing personnel service company and provided staffing services to one of the Debtors’ various departments.

Plaintiff Dropped Preference Claims After J&A Successfully Applied The Ordinary Course of Business Defense

February 2, 2022 admin

The Debtors operated a chain of retail stores throughout the United States, Guam, Puerto Rico, and the U.S. Virgin Islands. The Defendant sold various home consumer products to the Debtors on wholesale, which the Debtors would then resell at retail.

J&A Proves That Transfers Were Pre-Payments, Case Dismissed For No Payment

February 2, 2022 admin

Debtors were a New Jersey-based company that provided comprehensive health and wellbeing programs offered through organizations' sponsorship. They also offered health coaching to support positive health risk migrations for individuals through these services. The Defendant, our client, manufactured and shipped custom-made corrugated packaging materials and packaging support materials to the Debtors.

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

February 15, 2022 admin

Before it went out of business, the Debtor operated one of the biggest dairies in New Mexico. On the other hand, the Defendant, our client, provided animal feed ingredients, primarily cottonseed products, to the Debtor.

Difference of 1.2 Days in The Payment Averages Resulted in Dismissal of The Preference Claim For No Payment

November 29, 2021 admin

Debtors were engaged in manufacturing and distributing soft surface floor covering in Georgia. Defendant, our client, is a not-for-profit company based in Kansas and provided freight services to the Debtors.

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