Andrew Teitelman, PC Appointed as Special Counsel in CORSAIR-USA-NJ, LLC
The Court recently approved the employment of the law offices of Andrew Teitelman, PC as Special Litigation Counsel for CORSAIR-USA-NJ, LLC.
Atlantic Cooling Seeks to Dismiss Trustee’s Complaint, Argues That Funds Were Held in Trust & Were Not Estate’s Property
Atlantic Cooling Technologies and Services, LLC seeks to dismiss the adversary complaint filed by Plaintiff Marianne T. O'Toole.
Lack of Fraudulent Intent in Receiving Transfers – A Trustee’s Motion Denied in Part
The Court granted the Trustee's motion as to the fact that Defendant was the recipient of the fraudulent transfers and denied as to the issue of whether Defendant had fraudulent intent in receiving those transfers.
Reasonable Financial Controls At Arms’ Length Do Not Transform a Lender Into An Insider
The Court dismissed the Trustee's fraudulent and preference transfer claim.
Emporia Property Group Trust Sues Diamond Innovations For Turn Over Of Debtor’s Assets
Emporia Property Group Liquidating Trust sues Diamond D Innovations to return Debtor's assets that are allegedly in the possession of the Defendants.
H&R Property Trustee Seeks Damages For Alleged Violation Of Automatic Stay
The Trustee seeks a declaration that the Defendants violated the automatic stay and breached the contract.
About $1 Million Sought from Wise Services in Q’Max America, Inc.
The Trustee alleges that at least $1,106,406 is due back to the estate under 11 U.S.C.§ 542(b).
L&L Wings Seeks Disallowance Of $15M Claim
Plaintiff seeks the reduction or disallowance of the actual damages claim to reflect the level of actual damages.
Yucaipa’s General Partner is Liable For Judgment Alleges ASHINC Corp Trustee
The Trustee seeks a declaration that Yucaipa American Fund I, LLC is liable for the debts of Yucaipa.
PBA Plaintiff Seeks to Avoid Liens on Puerto Rico Government Real Properties
FOMB seeks to avoid any security interest or liens granted to the Defendants on any of the pledged property.
Fairview Funding Trustee Demands $410k From Philadelphia Based Premier Home Care Agency
The Trustee seeks to recover an amount of $410,388.00 from Defendants for alleged breach of agreement, breach of guaranty, turnover of property and unjust enrichment.
New Article : Navigating Preference Actions in Retail Industry Restructurings
Navigating Preference Actions in Retail Industry Restructurings (Authors: Colin Adams and Michael A. Cohen)
A Debtor’s Sole Shareholder Seeks Dismissal of Trustee’s Complaint Concerning Breach of Fiduciary Duty
John Hess and DBC Construction, moves the Court to dismiss Trustee Jeffrey J. Sikirica's complaint for failure to state a claim.
Clawback Lawsuits in Emporia Property Group Bankruptcy
Emporia Property Group Liquidating Trust initiates ten clawback actions to avoid and recover approximately $400k as preferences and fraudulent conveyances.
Beach Orangethorpe Hotel Sues Multiple Defendants for Alleged Breach of Fiduciary Duty
Plaintiffs in the Source Hotel Bankruptcy seeks damages from multiple defendants.
A Foreign Defendant Moves to Dismiss Kmart Holdings’ Complaint for Insufficient Service of Process
Cleva Hong Kong Ltd. moves to dismiss a $13.8 million clawback action brought by Sears, Roebuck and Co. and Kmart Holding Corporation in the bankruptcy case of Sears Holdings Corporation, et al.
A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading
Although the complaint was unnecessarily lengthy, the Court ruled that it was clear enough to understand the factual allegations.
No Credible Evidence of Fraud, Judgment Entered in Favor of a Defendant
The Court held that the evidence did not paint the picture of intentional or reckless behavior as alleged by the Plaintiffs.
Amended Complaint is Timely If the Original Complaint is Filed Before a Two-Year Expiration Period
The bankruptcy court denied Defendant's motion to dismiss and found that the Debtor's amended complaint was timely filed.
Fragile Financial Conditions Under § 548 Must Be Satisfied
Despite the Trustee's success in showing lack of reasonably equivalent value, the Court ruled in favor of the defendant.
