Trustee Jordan E. Lubin Brings Clawback Actions in Allied Energy Services, LLC
February 18, 2022, Northern District of Georgia – 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. Through his complaints, the Trustee is asserting that the defendants have received transfers that are allegedly avoidable and recoverable as preferential transfers and as actual and constructively fraudulent transfers under the Bankruptcy Code and the Georgia state law.
On January 22, 2020, an involuntary bankruptcy petition was filed against the Debtor in the United States Bankruptcy Court for the Northern District of Georgia. As per the records filed in the bankruptcy case, Clarence Dean Alford was managing the Debtor as its President and Chief Executive Officer and he allegedly engaged in a fraudulent scheme of selling investment notes through the Debtor. As stated in the complaint, Alford allegedly induced the investors to purchase the investment notes by misrepresenting Debtor’s financial health exaggerating the Debtor’s expertise in developing energy projects and by providing financial statements which falsely created an impression that they were prepared or reviewed by certified public accountants. It is also alleged in the bankruptcy records that the investor funds were not deposited in escrow accounts as it was represented to the investors, were allegedly commingled in Debtor’s accounts and used to pay for Alford’s personal expense.
Some of the defendants against whom Trustee has initiated lawsuits include : CCI Global, Inc., RGDD Development, LLC, Diving Living, LLC, Comprehensive Consulting International, LLC, et al. The law firm of Lamberth, Cifelli, Ellis & Nason, P.A. represents the Trustee and Honorable Judge Jeffery W. Cavender presides over the Debtor’s bankruptcy case.