New Cases

New Article : Appeals Court Shoots Down Fair Finance Lawsuit Seeking Millions of Dollars From Lender

September 26, 2021 admin

September 17, 2021 – Appeals court shoots down Fair Finance lawsuit seeking millions of dollars from lender (Author: Jim Mackinnon, Akron Beacon Journal) https://www.beaconjournal.com/story/news/2021/09/17/court-shoots-down-fair-finance-lawsuit-seeking-millions-dollars/8331321002/ (4)

Wedbush Securities Seeks Dismissal of Trustee’s $120M Lawsuit

September 26, 2021 admin

197

September 17, 2021, District of Delaware – Defendant Wedbush Securities, Inc. recently moved for entry of an order dismissing a complaint brought by Trustee David W. Carickhoff for the bankruptcy estate of Live Well Financial, Inc. to avoid and recover alleged fraudulent transfers. Specifically, through its complaint, the Trustee seeks to avoid and recover over […]

Calais Regional Hospital Litigation Trust Initiates Clawback Actions

September 25, 2021 admin

September 16, 2021, District of Maine – Jeffrey T. Piampiano, the Litigation Trustee of the Calais Regional Hospital Litigation Trust begins adversary proceedings against fourteen (14) defendants, seeking the avoidance and recovery of approximately $269,915.00 worth alleged preferential transfers according to 11 U.S.C. §§ 547 and 550 of the Bankruptcy Code. Calais Regional Hospital filed […]

McGuireWoods Appointed as a Special Counsel in U.S. Tobacco Cooperative Inc.

September 25, 2021 admin

September 17, 2021, Eastern District of North Carolina – Honorable Bankruptcy Judge Joseph N. Callway recently approved the appointment of McGuireWoods LLP (“MW”) as a special counsel in the bankruptcy case of U.S. Tobacco Cooperative Inc. (“Debtors”) As stated in the Debtors’ application, the special counsel will perform the following duties : a) Represent and […]

Ambiguous Clauses Must Be Read in Context of Entire Agreement

September 24, 2021 admin

156

September 13, 2021, Southern District of New York – Capstone Asset Management Co., Ltd. (“Capstone”) sued Defendants Dearborn Capital Group LLC (“Dearborn”) and its principal Oren Richland to recover out-of-pocket expenses that it incurred during its attempt to assist the Defendants in securing financing. Capstone alleges that Dearborn breached the explicit obligation memorialized in two […]

Dean Wynn Properties Seeks Dismissal of Trustee’s Complaint For Being Time-Barred

September 24, 2021 admin

September 19, 2021, Middle District of Florida – Defendants Dean Wynn Properties, LLC, Brokerage Firm, LLC, Dean Wynn Liquidity, LLC, Dean Wynn Financial LLC, and Mathew Eric Stamer, Jr seek dismissal of Dennis Kennedy’s complaint to recover approximately $748K in alleged fraudulent transfers, for failure to state a plausible claim. Defendant argues that Plaintiff’s complaint […]

Lone Star Moves for Summary Judgment Alleging Superior Lien

September 24, 2021 admin

September 17, 2021, Northern District of Texas – Plaintiff Lone Star State Bank of West Texas (“Lone Star”) for the bankruptcy estate of Waggoner Cattle, LLC et al moves the Court to grant summary judgment in its favor and against Defendant, Rabo AgriFinance LLC, f/k/a Rabo Agrifinance, Inc. (“Rabo”) under Rule 56 of the Federal […]

Weigand-Omega Sued For Alleged Fraudulent Transfers

September 24, 2021 admin

195

September 13, 2021, District of Kansas – Plaintiff Scott J. Goldstein, in his capacity as the Liquidating Agent of the Pixius Communications, LLC liquidating trust for the Debtor Pixius Communications, LLC sues Defendants Weigand-Omega Management, Inc. and 11 others for avoidance and recovery of fraudulent transfers worth $256K under Section 544 and 550 of the Bankruptcy Code. […]

Clawback Lawsuits Commence in Sienna Biopharmaceuticals, Inc.

September 22, 2021 admin

September 15, 2021, District of Delaware – Plaintiff Jeoffrey L. Burtch, as a Chapter 7 Trustee for the bankruptcy estate of Debtor Sienna Biopharmaceuticals, Inc. initiates about twelve (12) clawback actions to avoid and recover approximately $1.5 million in alleged preferential transfers of property. The Trustee asserts that the Debtor allegedly made the said transfers […]

Sixth Circuit – Unsigned Promissory Notes Have Little Probative Value & Limited Admissibility as Evidence

September 20, 2021 admin

209

September 8, 2021, Eastern District of Michigan – Debtor Oakland Physicians Medical Center, L.L.C., d/b/a Doctors’ Hospital of Michigan (represented by Trustee Basil Simon, collectively hereinafter “Debtor”) filed for Chapter 11 Bankruptcy in 2015. One of Debtor’s member-physicians, Defendant-Appellant Michael Short filed a proof of claim for $952,377.80 that he alleged he advanced to Debtor as […]

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