May 19, 2022 roland jones

Stage Stores Claims Lloyds “Wrongfully” Discounted Its Insurance Claims

Steven Balasiano, in his capacity as the Plan Administrator of Stage Stores, Inc. and Specialty Retailers, Inc. (“Debtors”) files a complaint against certain Underwriters at Lloyd’s, London – Brit Syndicate 2987 and Brit Syndicate 2988 et al. (“Defendants”)

May 16, 2022 roland jones

DRO 15R Files to Subordinate Metropolitan Mortgage Company, LLC Claims

DRO 15R, LLC (“Debtor”) files a complaint against Defendant Metropolitan Mortgage Company, LLC (“MMC”) and Defendant RO 15R, LLC (“RO15”) to determine the validity, priority and extent of liens on Debtor’s property and for equitable subordination of MMC’s claim.

May 16, 2022 roland jones

Liquidating Trustee for the Fresh Acquisitions, LLC Demands Declaratory Relief over Rights and Claims under Disputed Agreement

David Gonzales, the Liquidating Trustee for the Fresh Acquisition Liquidating Trust, files a complaint against Planned Administrators, Inc., JLL Consultants, Inc. and Meta Advisors, LLC for a declaratory relief determining the rights, claims and interests under the disputed agreement.

May 16, 2022 roland jones

Baybridge Sues Sunset LG Realty LLC for Specific Performance to Enforce Alleged Contractual Liabilities

Baybridge LOK Holdings, LLC (“Plaintiff/Debtor”) files a complaint against Sunset LG Realty LLC (“Defendant”) for specific performance and declaratory relief.

May 16, 2022 roland jones

Venture Resources and John Rainaldi Claim Indemnification for “Motiva claims”

Venture Resources Consulting, LLC (“VRC”), John Rainaldi (“Mr. Rainaldi”) and Mr. Rainaldi in his capacity as trustee of the Rainaldi Family Trust (the “Trust”) (collectively referred to as “Plaintiffs”) bring an action against Marc Albert, in his official capacity as trustee (the "Trustee") of the bankruptcy estate of the Debtor

May 16, 2022 roland jones

Synchrony Sued for Receiving Alleged “Fraudulent Transfers” from V-Twin Concepts, LLC

Chad S. Paiva, the Trustee for the V-Twin Concepts, LLC (“Debtor”) prefers a complaint against Synchrony Financial and Synchrony Bank (“Defendants”) to avoid and to recover alleged “constructive fraudulent conveyances”.

May 12, 2022 roland jones

Ford Motor’s Motion to Compel Trustee Too “Burdensome”, Holds a Texas Bankruptcy Court

Defendant Ford Motor Credit recently filed a motion to compel Trustee Dennis Faulkner, for the bankruptcy estate of Reagor Dykes Motors, LP, to respond to its requests for interrogatories and production of documents.

May 10, 2022 Roland Jones

Giuliano Sues to Recover Amounts Allegedly Owed for Use of Art Van Trademarks

Alfred T. Giuliano, the chapter 7 trustee of the Debtors Start Man Furniture, LLC et al., formerly known as Art Van Furniture, LLC, brought a complaint against Simpson Furniture Company for turnover of amounts allegedly owed to the debtors under a franchise agreement.

May 6, 2022 roland jones

New Jersey Bankruptcy Court Green Lights Trustee Avoidance of $2 Million Loan

The chapter 7 trustee of The Mall at the Galaxy, Inc. (the Debtor) had filed an adversary complaint against Latoc, Inc. to avoid a promissory note for $2 million loan from Latoc to the debtor.

May 6, 2022 roland jones

District Court Approves Trustee’s Use of Net Investment Method In Calculating Net Equity of the Customers in the Madoff Ponzi Scheme

The District Court for the Southern District of New York has held in favor of the Trustee’s motion to avoid and recover “approximately $16,880,000 that was transferred by BLMIS (Bernard L. Madoff Investment Securities LLC) to the entity defendants, Sage Associates and Sage Realty (“Sage Accounts”), in the two years prior to BLMIS’s filing for bankruptcy.

May 4, 2022 Roland Jones

Nevada Debtors Sue to Avoid and Recover $3,000,000 Allegedly Paid in “Dividends” and “Fees” in Alleged Litigation Finance Ponzi

Debtors J & J Consulting Services, Inc. and J and J Purchasing, LLC have filed two adversary actions in their bankruptcy cases against ten defendants alleging, among other things, that the debtors were engaged in a “scheme to defraud” by selling personal injury settlements to investors.

May 4, 2022 roland jones

Forty-Seven Defendants Face Clawback Actions in Comcar Industries

Patrick J. O’Malley, the liquidating trustee of debtors Comcar Industries, Inc., et al., filed adversary complaints on May 3, 2022, against forty-seven (47) defendants in the debtors’ jointly administered lead bankruptcy Case No. 20-11120.

May 3, 2022 roland jones

“What the Debtor Surrendered and What the Debtor Received” Is the Focus of Fraudulent Transfers Analysis; Holds Hawaii Bankruptcy Court

Pacific Links U.S. Holdings, Inc., et al. in this adversary proceeding sought to avoid, as “constructively fraudulent”, certain guaranties and mortgages that they granted to defendant Tianjin Dinghui Hongjun Equity Investment Partnership (Limited Partnership) (“TDH”). Plaintiffs sought partial summary judgment determining that they did not receive reasonably equivalent value in exchange for those obligations and transfers.

April 29, 2022 roland jones

Mondaq.com: “United States: Recent Developments In Bankruptcy Law Update”

United States: Recent Developments In Bankruptcy Law Update”

April 27, 2022 roland jones

Trustee Jordan E. Lubin Brings Clawback Actions in Allied Energy Services, LLC

Trustee Jordan E. Lubin, Chapter 7 for the bankruptcy estate of Debtor Allied Energy Services, LLC brings lawsuits against twenty-three defendants to recover more than $5 million in alleged preference and fraudulent transfers under Section 547 and 548 of the Bankruptcy Code.

April 27, 2022 roland jones

Gyapomaa Kosei Inc. Sues Over 100 Named and Unnamed Defendants Alleging “Wrongful Foreclosure”; Seeks Damages

Gyapomaa Kosei Inc., a California debtor, has sued Select Portfolio Servicing, Inc., U.S. Bank National Association, Quality Loan Service Corporation and a hundred (100) unnamed defendants in a lawsuit alleging a “wrongful foreclosure” among other claims.

April 25, 2022 roland jones

Mondaq.com: “Fraud, Asset Tracing & Recovery, Country Analysis, CDR Essential”* Intelligence

“Fraud, Asset Tracing & Recovery, Country Analysis, CDR Essential”* Intelligence

April 25, 2022 roland jones

Fiduciary Obligations Set Forth Under the Trust Fund Theory Are Limited to Corporate Directors and Officers

The Bankruptcy Court for the District of South Carolina granted in part the motion to dismiss filed by the Defendants McGuireWoods, LLP ("MGW"), Mark Freedlander, and David Pivnick seeking to dismiss the complaint filed against them by the Debtor Oaktree Medical Centre, P.C.

April 25, 2022 roland jones

JD Supra: “Bankruptcy Court Permits Suit Limiting Default Interest and Subordinating Claim to Go Forward, but Dismisses Fraudulent Transfer Claim”*

“Bankruptcy Court Permits Suit Limiting Default Interest and Subordinating Claim to Go Forward, but Dismisses Fraudulent Transfer Claim”

April 22, 2022 roland jones

Detroit News: “Art Van Family Gets More Time To Respond To Lawsuit Alleging Fraud”*

“Art Van Family Gets More Time To Respond To Lawsuit Alleging Fraud”