Jones & Associates

Case Dismissed for No Payment After We Filed a Motion to Dismiss the Complaint

April 5, 2024 admin

The Debtor executed a debt-management service agreement with the Defendant and made payments to the Defendant pursuant to the agreement. When the Debtor filed for bankruptcy, the Plaintiff alleged that the agreement was not compliant with state law. The Plaintiff sought to recover the payments, or three times the total amount of the fees, charges, […]

Even Without a Historical Period to Show Ordinariness, We Were Able To Secure A Dismissal of the Complaint for No Payment

April 5, 2024 admin

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 […]

Two Cases Dismissed for A Fraction of The Claims Due to Bold Litigation Actions

April 5, 2024 admin

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 […]

Entry of Default Vacated and Dismissal for no Payment

April 5, 2024 admin

135

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 […]

We Secured a Case’s Dismissal for No Payment Notwhithstanding We Had Limited Evidence

April 5, 2024 admin

The debtor was a vertically integrated aviation leasing, maintenance, overhaul, and testing group. The Defendant, a seasoned company with a 15-year track record, has been a reliable supplier in the fields of commercial, military, and general aviation. The Plaintiff filed a complaint against the Defendant seeking to clawback $269,157.37 as alleged fraudulent transfers and unjust […]

Jones and Associates Proves That Transfers Were Made in The Ordinary Course of Business And Defendant Had An Inchoate Mechanic’s Lien; Case Settles For a Fraction of The Claim

October 31, 2022 admin

172

Debtors were a leading food and beverage company. Our client, the Defendant, is a custom manufacturer of a wide range of storage and handling products and provides storage construction services.

Transfers To The Defendant Were Pre-Payments Made in Line With The Contract Terms, Case Dismissed For No Payment

October 15, 2022 admin

253

Prior to its bankruptcy, the Debtor was an integrated retailer, maintaining business relationships with various entities, through which Debtor regularly purchased, sold, received, and/or delivered goods and services. The Defendant, our client, is a corporation based in Turin, and sold air compressors to the Debtor.

Defendant Had No Control Over Transfers And Was A Mere Conduit; Plaintiff Dismissed The Case For No Payment

September 14, 2022 admin

117

Before filing for bankruptcy, the Debtors and their non-debtor affiliates and subsidiaries were developers and publishers of interactive entertainment software for popular gaming systems, including home video consoles, hand-held platforms, wireless devices, and personal computers including games played online. Our client, the Defendant, is engaged in the marketing and distribution of video games.

Case Dismissed for No Payment Based on Subsequent New Value Defense

August 10, 2022 admin

Before bankruptcy, the debtor operated as a neuromodulation medical device company while the defendant, our client, designed medical equipment.

Transfers Were Consistent with Prior Practices and Defendant Provided Subsequent New Value, Case Dismissed for No Payment

July 10, 2022 admin

Before bankruptcy, debtors were one of the ten largest personal care companies in the United States, holding a diverse portfolio of over fourteen brands across a wide variety of market segments with a particular focus on skin cleansing, hair care, and oral care.

Defendant Received Transfers in Good Faith and as Per Agreed Terms; Plaintiff Drops Fraudulent Conveyance Charges

June 25, 2022 admin

Before the bankruptcy, the Debtor dealt with the purchase and administration of life insurance policies held by persons who were thought to be terminally ill. In December 2014, the court ruled that the Debtor’s principal shareholders and officers violated the country’s securities laws.

Plaintiff Retracts Clawback Claims Based on Ordinary Course and New Value Defenses

May 6, 2022 admin

434

Before the Debtor went bankrupt, it operated a chain of grocery stores in the Southwest Unites States that focused on freshly prepared and ready-to-eat products. Our client, the Defendant in this case, provided smoked salmon to the Debtor.

Trustee Dismisses Preference Claim Based on Ordinariness Shown In the Alleged Transfers

April 19, 2022 admin

The Debtor was a provider of communications services, content, and analytics solutions through multiple communication channels, including print, electronic, and internet-based communications, to clients in the healthcare, financial services, manufacturing, retail, and transportation industries. Defendant, our client is a provider of IT services for government, education, healthcare, and rural electric cooperatives.

Preference and Fraudulent Conveyance Clawback Action Dismissed for No Payment; Debtor Received Value In Exchange of Transfer

April 1, 2022 admin

The Debtors held themselves as direct marketing logistics solutions and management companies that provide comprehensive, specialized, coordinated, and integrated marketing solutions to multinational clients in the IT, hospitality, financial, and publication industries. Our Client, the Defendant, is a Texas-based company that manufactures high-quality, die-cut, custom mail envelopes for the direct mail and advertising industry.

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

March 15, 2022 admin

Debtors were casino, gambling, and hotel operators who owned and operated two casino hotels in Atlantic City. Our client, the Defendant, is a law firm that represented a former employee of the Debtors in a separate case with the Debtors.

CASE STUDIES

Case Dismissed for No Payment After We Filed a Motion to Dismiss the Complaint

Even Without a Historical Period to Show Ordinariness, We Were Able To Secure A Dismissal of the Complaint for No Payment

Two Cases Dismissed for A Fraction of The Claims Due to Bold Litigation Actions

Entry of Default Vacated and Dismissal for no Payment

We Secured a Case’s Dismissal for No Payment Notwhithstanding We Had Limited Evidence

Jones and Associates Proves That Transfers Were Made in The Ordinary Course of Business And Defendant Had An Inchoate Mechanic’s Lien; Case Settles For a Fraction of The Claim

Transfers To The Defendant Were Pre-Payments Made in Line With The Contract Terms, Case Dismissed For No Payment

Defendant Had No Control Over Transfers And Was A Mere Conduit; Plaintiff Dismissed The Case For No Payment

Case Dismissed for No Payment Based on Subsequent New Value Defense

Transfers Were Consistent with Prior Practices and Defendant Provided Subsequent New Value, Case Dismissed for No Payment

Defendant Received Transfers in Good Faith and as Per Agreed Terms; Plaintiff Drops Fraudulent Conveyance Charges

Plaintiff Retracts Clawback Claims Based on Ordinary Course and New Value Defenses

Trustee Dismisses Preference Claim Based on Ordinariness Shown In the Alleged Transfers

Preference and Fraudulent Conveyance Clawback Action Dismissed for No Payment; Debtor Received Value In Exchange of Transfer

Plaintiff’s Clawback Attempt Fails Due to Mere Conduit Defense

Share this video