New Opinions

Georgia Court Denies Trustee’s Motion For Summary Judgment; Rules That Factual Disputes Must Be Heard For Evidence

March 15, 2022 admin

March 8, 2022, Northern District of Georgia – Tamara Miles Ogier, in her capacity as the Chapter 7 Trustee for the estate of Debtor BLS Contracting, LLC, filed a motion for summary judgment in connection with her complaint against Defendant Superior Distribution Roofing &Building Materials (“SRS”) to avoid and recover a preferential transfer under Section 547 […]

Delaware Court Discusses Weighted Average and Range Analysis To Determine Ordinary Course of Business; Rules in Favor of Defendant

March 10, 2022 admin

March 1, 2022, District of Delaware – Trustee George L. Miller commenced an adversary proceeding to avoid and recover certain prepetition transfers made by Debtors J&M Sales, Inc. to Defendant Exist, Inc. under Sections 547, 548, and 550 of the Bankruptcy Code. Following an unsuccessful mediation, the Trustee filed a motion for summary judgment concerning his […]

Alabama Court Grants Defendant’s Motion for Summary Judgment in Part Concerning Plaintiff’s Fraudulent Suppression Claims

March 9, 2022 admin

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March 6, 2022, Northern District of Alabama – The opinion concerns disputes between various people and entities in the poultry processing industry. Plaintiffs Gemstone Foods, LLC, and RCF, LLC, sought relief against Defendants AAA Foods Enterprises, Inc., A&M Consulting Firm, LLC, Portioning Partners, Farm Fresh Foods, LLC, Cooper, Hill & LeCroix, CPA, and various owners and […]

Factual Allegations In Trust’s Complaint Not Sufficient to Deny Defendant’s Motion to Dismiss

March 2, 2022 admin

February 24, 2022, District of Kansas – Defendants Blue Consulting, LLC and Daniel Alberto Blue moved to dismiss all claims asserted against them in the adversary complaint filed by Sharon L. Stolte, in her capacity of Liquidating Agent of Emporia Property Group, LLC Liquidating Trust. The facts of the case as specified in the Court’s opinion are: Debtor Emporia […]

Issues of Fact May Not be Decided At Summary Judgment Stage; Texas Court Denies Summary Judgment to Lone Star on Trustee’s Preference Action

February 23, 2022 admin

February 15, 2022, Northern District of Texas – Trustee Dennis Faulkner of the creditors’ liquidating trust in the bankruptcy case of Reagor-Dykes Motors, LP, et.al., filed a complaint seeking to recover transfers made to Defendant Lone Star Car Brokering, LLC under Section 547, 548, 549, and 550 of the Bankruptcy Code. As pointed out in the […]

Texas Court: Common Ownership Does Not Create An Affiliate Relationship

February 17, 2022 admin

February 7, 2022, Western District of Texas – TriCounty Family Medical Care Group filed a motion to dismiss Arete Creditors Litigation Trust’s amended complaint to recover to avoid and recover alleged transfers under Sections 547, 548, and 550 and Texas state laws in the bankruptcy case of Debtor Arete Healthcare LLC. The Trust’s amended complaint […]

California Bankruptcy Court Rules for Defendant on Trustee’s $8.1 Million Preference Action

February 10, 2022 admin

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February 6, 2022, Northern District of California – Trustee Lois I. Brady for the bankruptcy estate of Debtor, Specialty’s Café & Bakery, Inc. commenced an adversary proceeding against Defendants Customers Bank and the Small Business Administration (SBA), alleging that a transfer of $8.1 million to Customers Bank was an avoidable preference under Bankruptcy Code §547 for […]

New York Court Rules in Favor of Defendants on Their Ordinary Course of Business Defense

February 7, 2022 admin

February 3, 2022, Eastern District of New York – Plaintiff Bryan Ryniker, the Litigation Administrator for the post-confirmation Debtors Décor Holdings, Inc., et al. commenced separate preference actions against three sets of defendants, all represented by Montgomery, McCracken, Walker & Rhoads LLP. Each defendant filed motions for summary judgment asserting the affirmative defenses of the ordinary course of […]

Defendant’s Motion Fails to Knock-Off Trustee’s Clawback Effort; Payment History Too Irregular To Establish Pattern For Baseline

February 4, 2022 admin

January 28, 2022, Eastern District of Kentucky – Plaintiff Ellen Arvin Kennedy, Liquidating Trustee for the Cambrian Liquidating Trust, brought a lawsuit to avoid and recover transfer of $49,841.95 from Defendant, the Estate of Roy Campbell, under Section 547, 548, and 549 for the benefit of the bankruptcy estate. The Trustee moved for summary judgment. […]

Texas Court Dismisses Trustee’s Complaint, Finds That Complaint Lacks Factual Support For Its Assertions

January 28, 2022 admin

January 18, 2022, Southern District of Texas – The opinion refers to Defendant NSPS Metals, LLC’s motion for dismissal of Plaintiff-Debtor All Texas Electrical Contractors, Inc.’s (ATE) amended complaint for failure to state a claim. The facts of the case as summarized in the court opinion are: The dispute relates to the construction of a multimillion-dollar steel […]

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