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Cone Health Moves to Dismiss Trustee’s Allegations of Preferential and Fraudulent Transfers

May 26, 2022, Bankruptcy Court for the Middle District of North Carolina – The Moses H. Cone Memorial Hospital Operating Corporation (“Cone Health”), Moses Cone Physician Services, Inc. (“MCPS”), et al. (“Defendants”) move the North Carolina Bankruptcy Court to dismiss the complaint made against them by Louis E. Robichaux, IV, as Liquidation Trustee (“Trustee”) of […]

BAP Reverses! No Earmarking Defense When Debt Character Changes

May 27, 2022, Bankruptcy Appellate Panel for the Tenth Circuit – Philip J. Montoya, the chapter 7 trustee (“Trustee”) of Chuza Oil Company (“Debtor”) appeals the Bankruptcy Court ruling which disallowed the Trustee to clawback alleged preferential and fraudulent transfers made to Paula Goldstein (“Paula”) under a subordinated promissory note. The Debtor filed a Chapter […]

Texas Trustee Launches $500k plus Preference Case

May 14, 2022, Bankruptcy Court for the Southern District of Texas – Christopher Murray, the chapter 7 trustee (the “Trustee”) for the estate of Hidalgo County Emergency Service Foundation (the “Debtor”) brings adversary complaint against Defendant Jose Luis Trejo  (“Trejo”) to avoid and recover preferential transfers from the Debtor to Trejo, made within 90 days […]

Texas–Cortland Energy Seeks Damages For Alleged Breach of Fiduciary Duty

May 23, 2022, Bankruptcy Court for the Southern District of Texas – Debtor Cortland Energy, LLC (“Cortland”) commences adversary proceedings against Pearl Switch, LLC (“Pearl Switch”) on the count of “breach of fiduciary duty”.  Debtor Cortland argues in its complaint that LeRoy Melcher (“Melcher”) formed Pearl Switch specifically for making a business loan to Cortland. […]

NY Trustee Alleges Fraudulent Conveyance by Diamond Finance

May 18, 2022, Bankruptcy Court Eastern District of New York – Marc Pergament, as Chapter 7 trustee (“Trustee”) of the bankruptcy estate of Diamond Finance Co., Inc. (“Debtor”) brings an action against Auto City International, Inc. and 2840 LLC for money damages and for the avoidance and recovery of fraudulent transfers of the Debtor’s property.  […]

Trustee Collins Seeks Recovery for Alleged Excessive Charges By Tennessee Debtor

May 18, 2022, Bankruptcy Court for Western District of Tennessee – Michael E. Collins, in his capacity as chapter 11 trustee (the “Trustee”) of the bankruptcy estate of William H. Thomas, Jr. (the “Debtor”), seeks declaratory relief and recovery of money and damages against Ley-Aik Tan and Dee-Leng Choo (collectively “Defendants”).  The Trustee claims existence […]

IntegraMed Trustee Brings Clawback Actions Against 13 Defendants including Amazon and JP Morgan

May 19, 2022, Bankruptcy Court for the District of Delaware – Jeoffrey L. Burtch, chapter 7 trustee (the “Trustee”) for the bankruptcy estates of IntegraMed Holding Corp., et al. (“Debtors”) begins adversary proceedings against thirteen (13) Defendants including Amazon Web Services, Inc.; JP Morgan Chase Bank; and Medical Anesthesia Consultants Medical Group, Inc. to avoid […]

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