Jones & Associates – Page 2 – Representing defendants of preference and fraudulent conveyance actions under Sections 547 and 548 of the Bankruptcy Code

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CASE STUDIES

Earmarking Defense Helps in Dismissal of Case for Zero Payment

February 2, 2022 admin

Before filing for bankruptcy, the Debtors operated as a company engaged in the making and selling of food products. The Defendant, our client, is a provider for small business loans, working capital, and money advances and contracted with the Debtor to provide a loan to the Debtor.

Plaintiff Dropped Preference Claims After J&A Successfully Applied The Ordinary Course of Business Defense

February 2, 2022 admin

The Debtors operated a chain of retail stores throughout the United States, Guam, Puerto Rico, and the U.S. Virgin Islands. The Defendant sold various home consumer products to the Debtors on wholesale, which the Debtors would then resell at retail.

Plaintiff’s Preference Claims No Match For J&A’s Ordinary Course of Business Defense

February 2, 2022 admin

J&A Prove That Defendant Was a Mere Conduit, Plaintiff’s Clawback Dismissed

February 2, 2022 admin

Debtors were a 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 one of the individual creditors of the Debtors in a separate case with the Debtors.

Jones & Associates Prove a Strong Ordinary Course and Subsequent New Value Defense, Case Dismissed For Zero Payment

December 7, 2021 admin

Debtors were in the entertainment and media business based in California. Their portfolio included daily and weekly newspapers, magazines, and other specialty publications. The Orange County register was their flagship publication. Defendant, our client, is a manpower and staffing personnel service company and provided staffing services to one of the Debtors’ various departments.

Defendant Was Paid For Its Donuts in The Ordinary course, Trustee’s Case Dismissed For No Payment

December 1, 2021 admin

Debtors operated as the master franchisee for Dunkin’ Donuts retail stores. They operated Dunkin’ Donuts stores across New York, South Carolina, and Nevada. Our client, the Defendant, supplied donuts to the Debtors’ various locations for many years since 2007.

Jones & Associates’ Subsequent New Value Argument Entirely Wipes Out Plaintiff’s Preference Clawback, Defendant Pays Nothing

November 30, 2021 admin

Debtor was a New Hampshire based technology company producing innovative crystal growth equipment for the global electronics, solar, and LED industries.

Difference of 1.2 Days in The Payment Averages Resulted in Dismissal of The Preference Claim For No Payment

November 29, 2021 admin

Debtors were engaged in manufacturing and distributing soft surface floor covering in Georgia. Defendant, our client, is a not-for-profit company based in Kansas and provided freight services to the Debtors.

J&A’s Affirmative Defenses To Trustee’s Clawback Claims Lead To a Dismissal With No Payment

November 25, 2021 admin

Debtors were a leading food and beverage company. Our client, the Defendant, is a Miami-based company that provided consulting and advisory services to the Debtors.

Trustee’s Clawback Attempt Pales in Front of J&A’s Affirmative Defenses; Client Pays Zero

November 24, 2021 admin

Debtors were the largest processor and direct-to-store distributor of fresh fluid milk and other dairy and dairy case products in the United States. The Defendant, our client, handcrafts organic dairy products using North Carolina milk and sold crème fraiche to the Debtors.

Trustee Dismisses Clawback Claims After J&A Proves That Transfers Were Identical To Pre-Preference Transfers

November 23, 2021 admin

The Debtors manufactured, marketed, and distributed a wide variety of branded and private label dairy and dairy case products across the United States. The Defendant is a Tennessee-based company that provided transportation services between the Debtors' production, cold storage, and distribution centers.

J&A’s Ordinary Course of Business Defense Hits The Trustee’s Clawback Claims Out of The Park

November 19, 2021 admin

Debtors were a leading food and beverage company and the largest processor and direct-to-store distributor of fresh milk fluid and other dairy and dairy case products across the United States.

Trustee Dismisses Fraudulent Conveyance Clawback Based on J&A’s Reasonably Equivalent Value Argument

June 13, 2021 admin

815

The Debtors are a company incorporated in Guadalupe, Arizona and they own and operate restaurants.

J&A Prevails with Preference Case Dismissal Arguing Lack of Antecedent Debt

June 11, 2021 admin

237

The Debtors collectively operated a nursery and was one of the nation’s largest wholesale growers and distributors of container-grown shrubs, trees, perennials, roses, and groundcovers.