Jones & Associates

Neosho Concrete Products Accuses Fiberglass Composite Manufactures of Alleged Breach of Contract

April 25, 2021 admin

Plaintiff-Debtor Neosho Concrete Products Company sues Defendant Owens Corning Sales, LLC for alleged damages, specific performance of a contract and seeks declaratory relief as to the ownership or interest in 20,000 tons of Rockwool shot.

GTC Works Seeks To Avoid Transfer of Liens Against the Debtor’s Assets Under Sec. 547

April 23, 2021 admin

GTC Works, LLC recently brought an adversary proceeding according to Rule 7001 of the Federal Rules of Bankruptcy Procedure to determine the rights of the defendants in the sale proceeds and to avoid transfers of certain liens against the Debtor’s assets.

A Collectibles and Toys Wholesaler Seeks a Judicial Determination of Its and the Defendants’ Rights Under a Lease & Finance Agreement

April 22, 2021 admin

Heo, Inc., a distributor, and a wholesaler of top brands in licensed collectibles, toys, and merchandise, commenced an adversary proceeding against defendants for declaratory relief, turnover of property and violation of the automatic stay under sections 542 and 362 of the Bankruptcy Code.

Permian Crude Transport Trustee Sues a Dallas-Based Energy Company for Alleged Fraudulent Payments Worth $11M

April 18, 2021 admin

Plaintiff Daniel J. Sherman, as the duly appointed Chapter 7 trustee of the estate of Permian Crude Transport, L.P. charges Matador Resources Company for the avoidance and recovery of fraudulent transfers worth $11M under sections 24.005, 24.006, and 24.013 of the Texas Uniform Fraudulent Transfer Act and sections 544, 548, and 550 under title 11 of the Bankruptcy Code.

Trustee Kapila Sues Black Diamond Group For Over $39M in Richert Funding Bankruptcy Case

April 17, 2021 admin

Trustee Soneet R. Kapila for the substantively consolidated bankruptcy estate of Richert Funding, LLC and Dwight and Holly Richert sues Black Diamond Holdings, LLC and Black Diamond Financial Group, Inc.

A Florida Court Rules in Favor of a Title Insurance Company Because Plaintiff Failed to Meet His Burden of Proof on Issue of Reasonably Equivalent Value

April 10, 2021 admin

The Court ruled that a debtor's transfer of assets to a defendant was not avoidable as a fraudulent transfer under 11 U.S.C.S. § 548 and Fla. Stat. §§ 726.105, 726.106, because the debtor transferred tangible assets in exchange for the defendant's assumption of debtor's title insurance policy liabilities.

An Indiana Court Permits ITT Educational Services Trustee to Clawback About $200k Preference Transfers from a Leading Publishing Company

March 23, 2021 admin

Trustee Deborah J. Caruso for the bankruptcy estates of ITT Educational Services, Inc., ESI Service Corp., and Daniel Webster College, Inc. sued Defendant John Wiley & Sons, Inc. to recover alleged preference payments from the Defendant under § 547 of the Bankruptcy Code.

February 16, 2021

Neosho Concrete Products Accuses Fiberglass Composite Manufactures of Alleged Breach of Contract

GTC Works Seeks To Avoid Transfer of Liens Against the Debtor’s Assets Under Sec. 547

A Collectibles and Toys Wholesaler Seeks a Judicial Determination of Its and the Defendants’ Rights Under a Lease & Finance Agreement

Permian Crude Transport Trustee Sues a Dallas-Based Energy Company for Alleged Fraudulent Payments Worth $11M

Trustee Kapila Sues Black Diamond Group For Over $39M in Richert Funding Bankruptcy Case

A Florida Court Rules in Favor of a Title Insurance Company Because Plaintiff Failed to Meet His Burden of Proof on Issue of Reasonably Equivalent Value

An Indiana Court Permits ITT Educational Services Trustee to Clawback About $200k Preference Transfers from a Leading Publishing Company

Insufficient Badges of Fraud to Establish Fraudulent Intent, Texas Court Dismisses Trustee’s Claims

An Involuntary Transfer of a Title to a Farm is Constructively Fraudulent, Debtor Did Not Receive Fair Market Value

Sections 546 (e) and 561 (d) Are Limited to Avoidance Claims, Do Not Explicitly Bar Foreign Common Law Claims.

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