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”)
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.
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.
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.
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
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”.
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.
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.
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.
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.
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.
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.
“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.
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.
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.
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.
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”