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A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading

September 30, 2021, Northern District of Georgia – The Trustee of Menser’s Chapter 7 bankruptcy estate sought to avoid the premium payments from Defendant Nationwide Mutual Insurance Company as fraudulent conveyances. The Trustee argued that Nationwide was the initial or subsequent transferee of the premium payments. Further, the alleged payments were actual fraudulent transfers as […]

Amended Complaint is Timely Since the Original Complaint Was Filed Before a Two-Year Expiration Period

September 27, 2021, Eastern District of Tennessee – Debtor The Strauss Company, Inc., a contractor, issued a check to Defendant Jarrett Builders, Inc., to pay for some subcontracting work on a construction project. Fewer than 90 days later, three creditors filed an involuntary Chapter 7 petition against Strauss. Strauss sought to recover the money paid to […]

Fragile Financial Conditions Under § 548 Must Be Satisfied

September 7, 2021, Northern District of Texas – As part of a refinancing transaction in 2014, Debtors Stone Panels, Inc. (“SPI”) and Stone Panels Holding Corp. (“Holding”) jointly borrowed roughly $14 million that was immediately transferred to Defendant Thompson Street Capital Partners III, L.P. (“Thompson Street”) to partially satisfy a debt for which only Holding […]

Another Win for Madoff Trustee: May Recover Fictitious Profits Received by Gerald and Barbara Family Trust

September 30, 2021, Southern District of New York – Irving H. Picard, The Securities Investor Protection Act of 1970 (SIPA) (“SIPA Trustee”), for the substantively consolidated SIPA liquidation of Bernard L. Madoff Investment Securities LLC (“BLMIS”) and Bernard L. Madoff (“Madoff”), brought an adversary proceeding to avoid and recover fictitious profits received by the Gerald […]

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