Jones & Associates

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.

Defenses Based on Inchoate Lien, Subsequent New Value and Ordinary Course of Business Lead to Dismissal of Preference Claim for No Payment

March 10, 2022 admin

The Debtor was a Texas-based company engaged in acquiring, exploring, developing, and producing oil and natural gas properties located in the offshore Gulf of Mexico.

Transfers Subjectively and Objectively Ordinary; Clawback Dropped

February 21, 2022 admin

Before filing for bankruptcy, Debtor was a truckload carrier that provided shipping services across the U.S. and neighboring countries. Our client, the Defendant, is a North American refrigerated, flatbed, tanker, and intermodal trucking company.

Plaintiff Dismisses Clawback Action Since Transfers Were Proved To Be Pre-Payments

February 16, 2022 admin

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Before bankruptcy, the Debtor provided steel forging products and services online. On the other hand, our client, the Defendant, sold products and equipment for use on oil fields.

Inchoate Lien and New Value Arguments Caused Dismissal for No Payment of Preference Case

February 15, 2022 admin

Before it went out of business, the Debtor operated one of the biggest dairies in New Mexico. On the other hand, the Defendant, our client, provided animal feed ingredients, primarily cottonseed products, to the Debtor.

Trustee Dismisses Clawback Action Based on Ordinary Course Argument

February 9, 2022 admin

One of the Debtors, with whom the Defendant conducted business, was a full-service licensed distributor of sports and entertainment products. The Defendant, and our client, manufactures and sells collectible action figures.

Trustee’s Clawback Attempt Fails As the Debtor Received Subsequent New Value In Exchange of Payments

February 9, 2022 admin

Before the Petition Date, the Debtors collectively operated a nursery which was the nation's largest wholesale growers and distributors of container-grown shrubs, trees, perennials, roses, and groundcovers.

Standard Deviation Analysis Shows Ordinariness in Alleged Transfers; Preference Claim Fails

February 2, 2022 admin

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Debtors were a leading distributor of firearms and related outdoor products. Our client, the Defendant, is a provider of global risk management and security services supporting businesses worldwide, including uniformed security, systems installation, technology solutions, and secure driver services.

J&A Proves That Transfers Were Pre-Payments, Case Dismissed For No Payment

February 2, 2022 admin

Debtors were a New Jersey-based company that provided comprehensive health and wellbeing programs offered through organizations' sponsorship. They also offered health coaching to support positive health risk migrations for individuals through these services. The Defendant, our client, manufactured and shipped custom-made corrugated packaging materials and packaging support materials to the Debtors.

Transfers Shown Ordinary and Trustee’s Fraud Claim Shown Implausible; Clawback Attempt Fails

February 2, 2022 admin

The Debtors were a Georgia-based company engaged in manufacturing and distributing soft surface floor covering. The Defendant is a not-for-profit shippers association based in Minnesota providing freight services.

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

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CASE STUDIES

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

Defenses Based on Inchoate Lien, Subsequent New Value and Ordinary Course of Business Lead to Dismissal of Preference Claim for No Payment

Transfers Subjectively and Objectively Ordinary; Clawback Dropped

Plaintiff Dismisses Clawback Action Since Transfers Were Proved To Be Pre-Payments

Inchoate Lien and New Value Arguments Caused Dismissal for No Payment of Preference Case

Trustee Dismisses Clawback Action Based on Ordinary Course Argument

Trustee’s Clawback Attempt Fails As the Debtor Received Subsequent New Value In Exchange of Payments

Standard Deviation Analysis Shows Ordinariness in Alleged Transfers; Preference Claim Fails

J&A Proves That Transfers Were Pre-Payments, Case Dismissed For No Payment

Transfers Shown Ordinary and Trustee’s Fraud Claim Shown Implausible; Clawback Attempt Fails

Earmarking Defense Helps in Dismissal of Case for Zero Payment

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

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

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