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CASE STUDIES

Analysis and Interpretation of the Contract Between the Parties Resulted in a Settlement and Dismissal of Case for Less than 5% of the Complaint Amount

Trisha Aguila
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The Debtor, an automotive distribution company, entered into an agreement with the Defendant to become a domestic vehicle dealer. The Defendant deposited 50% of the total amount due, but the Debtor returned this deposit when the business opportunity fell through. After the Debtor filed for bankruptcy, the Trustee sued the Defendant for actual and constructive […]
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Payment History and New Value Defenses Led to a Settlement for 3% of the Complaint Amount

Trisha Aguila
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The Debtors were leaders in developing sustainable data centers for blockchain and cryptocurrency mining, operating multiple facilities that served various customers with hosting, mining, and equipment sales. The Defendant, a Minnesota logistics company, provided storage, fulfillment, and transportation services under a Warehouse Distribution Agreement that began in early 2022. They invoiced weekly for storage, per […]
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Case Settled for 4% of the Complaint Amount After Demonstrating Ordinary Course of Business and Subsequent New Value Defenses

Trisha Aguila
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The Debtors, a leading global beauty company, operate a diverse portfolio of brands and sell products in over 100 countries. The Defendant, a long-time vendor, supplied secondary packaging for the Debtors’ promotional and retail products. After a decade-long business relationship, we demonstrated that the Defendant received consistent payments due to: 1) regular shipments and invoicing; […]
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Case Dismissed for No Payment After Discussing Defenses with Plaintiff and Producing Documents in Support

Trisha Aguila
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The Debtor developed an online database to provide accurate and complete product information. It offered its database to PIM vendors, category management solutions, and e-commerce data management systems, enabling e-commerce companies to use the data across their entire commerce supply chain. The Defendant, a dynamic marketplace for freelancers, plays a pivotal role in various fields […]
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Over 1 Million Dollar Case Dismissed for No Payment

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The Debtor was the master lessee for properties owned by a different company, while the Defendant was a money lender. Two years after the Debtor filed for bankruptcy, the Chapter 7 Trustee sought to avoid payments from the Debtor to the Defendant as alleged actual and constructively fraudulent. The Defendant argued that the payments were […]
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Case Dismissed for No Payment Right Before Mediation

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Before the bankruptcy, the Debtors were a leading producer and processor of value-added petrochemical raw materials such as C4 hydrocarbons. The Defendant specialized in assisting clients and customers in system design, service and repair, and fluid conveyance. The Plaintiff filed a Complaint with claims for Avoidance of Preferential Transfers under 11 U.S.C. § 547 and […]
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Even Without a Historical Period to Show Ordinariness, We Were Able To Secure A Dismissal of the Complaint for No Payment

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The Debtor was a nonprofit organization assisting thousands of vulnerable citizens (and their families) dealing with behavioral health and substance use disorders, housing challenges, and developmental and intellectual disabilities. The Defendant and the Debtor entered into an agreement wherein the Defendant rendered services to the Debtor as a nurse. The Defendant was retained during the […]
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Two Cases Dismissed for A Fraction of The Claims Due to Bold Litigation Actions

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The Debtors served as a manufacturer’s representation firm selling flexible packaging materials, rigid plastic pet containers, and other plastic packaging commodities for commission to printers, converters, and end users, primarily within the food industry. One of the Defendant provided services to the Debtors as a technology solution provider. The other Defendant entered into a loan […]
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Entry of Default Vacated and Dismissal for no Payment

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The Debtor and the Defendant were in the charter broker business. The Defendant contacted the Debtor and inquired about a round-trip flight. The Defendant specifically requested a certain aircraft for the flight. The Debtor told Defendant that a flight was available with the selected aircraft, and Defendant paid for the flight. After the payment, the […]
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