Motion Practice

January 28, 2023 roland jones

American Express Moves BK Court to Dismiss 548 Transfer Claim

American Express National Bank files a 12(b)(6) motion in the Tennessee Bankruptcy Court to dismiss the fraudulent transfer complaint of Erica R. Johnson, the Trustee for Debtor Falcon Press, LLC (“Debtor”).

October 13, 2022 roland jones

Defendant Seeks Summary Judgment on Ordinary Course of Business Defense

Hemp Kentucky Growers, LLC, (“Defendant” or “HKG”) moves the Kentucky Bankruptcy Court for summary judgment against the adversary complaint filed by Oxford Restructuring Advisors, LLC (“Plaintiff”).

October 4, 2022 roland jones

Dismissal Gambit Against “Barebones” 548 Complaint

Defendant JMLP Management, LLC (“JMLP”) brings a 12(b)(6) motion to dismiss the complaint filed by Daniel J. Sherman, the trustee (“Trustee”) for JupiterMLP, LLC (“Debtor”). The Trustee’s complaint seeks to avoid and recover alleged transfers

October 4, 2022 roland jones

Early Resignation Defeats 548 Action Says Former CEO

Defendant Robert Schenkkan (“Schenkkan”) moves the Bankruptcy Court of Central California to dismiss the complaint filed by Howard Grobstein, the Chapter 7 trustee (“Trustee”) for BTL Machine (“Debtor”). The motion is filed under Federal Rule of Civil Procedure 12(b)(6)

October 4, 2022 roland jones

Fraudulent Conveyance Defendants Seek Dismissal Based on Alleged Non-Existence of Promissory Note

Defendants Dolphin Direct Equity Partners, L.P. (“DDEP”), Dolphin Advisors, LLC (“Dolphin Advisors”), and Peter E. Salas (“Mr. Salas”) file a motion for summary judgment against the complaint of Anne Elizabeth Burns, the trustee (“Trustee”) of Hoactzin Partners, L.P. (“Debtor”)

October 4, 2022 roland jones

Defendants Claim Trustee’s Complaint Lacks Sufficient Details

Jupiter Brownsville LLC, JEG Holdings, LLC, et al. (“Defendants”), file a motion to dismiss the adversary proceedings brought by Daniel J. Sherman

October 4, 2022 roland jones

Trustee Selleck Seeks to Avoid Alleged Fraudulent Transfer Under Guam Law

Kathlyn Selleck, the Chapter 7 trustee (“Trustee”) of Polaris Guam, LLC (“Debtor”) moves the District Court of Guam seeking a summary judgment to set aside and avoid the mortgage

August 23, 2022 roland jones

Defendant Alleges Trustee’s Complaint Does Not Meet Higher Pleading Standards of “Actual Fraud” Claim

Defendant, Center for Aging and Rehabilitation Davenport, Inc. (“CARD”), pursuant to Federal Rules of Civil Procedure 12(b)(6) and (f), moves to dismiss the complaint filed by Douglas N. Menchise, the Chapter 7 trustee (“Trustee”) for the estate of 206 Golden, LLC (“Debtor”)

August 9, 2022 roland jones

Defendant Seeks Dismissal Citing Wrong Address Snafu

Willard Manufacturing, Inc. (the “Defendant”) files a motion to dismiss the claims asserted against it in the amended complaint of Alan D. Halperin, Liquidating Trustee (the “Trustee”) of the High Ridge Brands Liquidating Trust. HRB Winddown, Inc. et al. (the “Debtors”)

August 1, 2022 roland jones

Texas Energy Firm Moves to Dismiss Trustee Claim Reduction Bid

Defendant Electric Reliability Council of Texas, Inc. (“ERCOT”) moves the Bankruptcy Court to dismiss or abstain from hearing the amended complaint of Anna Phillips, trustee (the “Trustee”) of the bankruptcy estate of Entrust Energy