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Home New Cases Summary Judgment Motion Claims $3m Clawback Action Short On Evidence

Summary Judgment Motion Claims $3m Clawback Action Short On Evidence


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June 14, 2022, US Bankruptcy Court for Northern Texas – Schmonk Limited (“Defendant”), in the bankruptcy case of Senior Care Centers, LLC (“Debtor”), moves for summary judgment with respect to all of the claims set forth in the complaint of Alan D. Halperin, the litigation trustee (“Trustee”) for the Debtor.

The Trustee seeks relief under both fraudulent transfer and preference theories for a payment that was allegedly made to Schmonk Limited. The Trustee alleges that the alleged payment was made in satisfaction of a short term loan allegedly made by Schmonk Limited for the benefit of the Debtor.

The Defendant seeks summary judgment alleging that the Trustee is unable to present evidence:

That the Debtor did not receive reasonably equivalent value for the alleged transfer;

That the alleged transfer was made by the Debtor with intent to hinder, delay or defraud creditors of the Debtor;

That Schmonk Limited was an “insider” of the Debtor at the time of the alleged transfer;

That the alleged transfer was not made in the ordinary course of business between the Debtor and the Schmonk Limited;

That Schmonk Limited had reasonable cause to believe that the Debtor was insolvent on the date of the alleged transfer.

Defendant Schmonk Limited requests the Court to grant summary judgment in its favor on all counts of the Trustee’s complaint, dismissing the complaint in its entirety.

Halperin v. Schmonk Limited, (Senior Care Centers, LLC, et al.), AP No. 20-03184-SGJ, US Bankruptcy Court for the Northern District of Texas.


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