New Cases

JPR Mechanical Trustee Marianne T. O’Toole Seeks $4 Million From Radium2 Capital and Anvil Mechanical As Alleged Preferences

August 22, 2021 admin

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August 13, 2021, Southern District of New York – Radium2 Capital, LLC, a financing company, and Anvil Mechanical Inc., a mechanical engineering company were recently sued by Trustee Marianne T. O’Toole for the bankruptcy estate of Debtor JPR Mechanical for a return of $2,849,805.6 and 1,256,334.00 respectively as alleged preference transfers. The Trustee brought the […]

Second Circuit – No Abuse of Discretion in the District Court’s Denial of Leave to Amend the Trustee’s Intentional Fraudulent Transfer Claims in the Tribune Co. Fraudulent Conveyance

August 22, 2021 admin

August 20, 2021, Southern District of New York – The United States Court of Appeals for the Second Circuit recently ruled on the appeal from a judgment and orders of the United States District Court for the Southern District of New York in the Tribune Company Fraudulent Conveyance case. By way of background, in 2007, […]

Delaware Bankruptcy Court Grants Defendants’ Motion to Dismiss As Claims Were Time-Barred Under DUFTA

August 21, 2021 admin

August 20, 2021, District of Delaware – Plaintiff Trustee George L. Miller, for the jointly administered bankruptcy estates of the Debtors J&M Sales, Inc. filed an adversary alleging that the Debtors’ owners (‘Fallas’) operated and controlled a vast enterprise of entities that functioned as the alter-egos of the Debtors, and used the Debtors to sustain […]

Haza Foods, LLC Sued for Turnover of Contract Receivables under Sec 542 of the Bankruptcy Code

August 20, 2021 admin

August 19, 2021, Western District of Texas – Recently, Plaintiff Trustee Ron Satija for the bankruptcy estate of Davila General Contractors LLC urged the Court to enter a judgment in its favor and against the Defendants Haza Foods, LLC and Salon Suites Memorial Gateway, LLC under 11 U.S.C. § 542(b) of the Bankruptcy Code. Specifically, […]

Ruby Tuesday Operations Seeks Declaratory Relief and Damages Concerning its Parking Rights, Files Action Against Lenox Outdoor & Advertising, LLC

August 19, 2021 admin

August 19, 2021, District of Delaware – Plaintiff Ruby Tuesday Operations LLC (RTO), successor-in-interest to Ruby Tuesday, Inc. (“RTI”) recently filed a complaint against Defendant Lenox Outdoor & Advertising, LLC seeking declaratory relief, damages, and attorneys’ fees, objecting to the cure claim under Rules 3007(b) and 7001 of the Federal Rules of Bankruptcy Procedure and […]

Michael Levine, Inc. Accuses ARD Services, Inc. & Connect Apparel, Inc. of Alleged Fraud, Deceit, Negligent Misrepresentation, et al Seeks $6,000,000 as Damages

August 18, 2021 admin

August 16, 2021, Central District of California – Plaintiffs and affiliated Chapter 11 Debtors in possession, Michael Levine, Inc. (“MLI”), and Laurence Alen Freidin brought an adversary proceeding seeking civil contempt and injunctive relief against Defendants ARD Services, Inc., Connect Apparel, Inc. and Sohrab Issakharian to prevent violation of the automatic stay and irreparable harm […]

Pension Plan Loans are Bona Fide Debts Under the Bankruptcy Code

August 17, 2021 admin

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August 6, 2021, District of New Mexico – A Chapter 7 Trustee sued a trustee of a Pension Plan (“Defendant”) to recover a sum that a Debtor paid to the Plan shortly before filing bankruptcy. The money repaid a loan that one of the Debtors took from the Pension Plan. Plaintiff’s theories of recovery are […]

Las Vegas Assisted Living Center Trustee Files a Lawsuit to Avoid a Lien, Alleges that Center Never Received Funds Secured by the Deed of Trust

August 16, 2021 admin

August 16, 2021, District of Nevada – Trustee Ryan A. Andersen for the estate of Yong Kang Las Vegas Assisted Living Center, LLC commences a lawsuit against Defendant, Yujin Ren, to determine the validity, priority, and extent of a lien under Section 506(a) and FRBP 7001(2). By way of background, Debtor took title and possession […]

Trustee Robert D. Barr Sues Prestige Worldwide Furniture’s Insider and Others for Breach of Fiduciary Duty and Clawback Transfers

August 14, 2021 admin

August 13, 2021, Northern District of Ohio – Plaintiff Robert D. Barr, Trustee for the bankruptcy estate of Prestige Worldwide Furniture, LLC brought a lawsuit against Debtor’s owner and multiple other defendants for breach of fiduciary duty and the avoidance and recovery of fraudulent transfers, preferential transfers, and recovery of property of the bankruptcy estate. […]

JPR Mechanical Trustee Initiates 41 Lawsuits to Clawback About $7.1 Million as Alleged Preferences and Fraudulent Conveyances

August 12, 2021 admin

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August 9, 2021, Southern District of New York – Plaintiff Trustee Marianne T. O’Toole, for the estate of J.P.R. Mechanical Inc. d/b/a JPR Mechanical (“Debtor”) initiates about forty-one (41) adversary proceedings to avoid and recover alleged transfers of interest of the Debtor’s property during the 90 days before the petition date as preference transfers. The […]

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