Motion Practice

March 23, 2022 roland jones

TXU Retail Energy Company Moves to Dismiss Trustee’s Fraudulent Transfer Claim

TXU Retail Energy Company, LLC has moved to dismiss the complaint filed by the Plan Administrator of the estates of Debtor Griddy Energy LLC involving a fraudulent transfer claim for the alleged transfer of the Debtor’s customers to the Defendant.

March 17, 2022 roland jones

HPS Investment Demands Dismissal of Trustee’s $139 Million Complaint In Alta Mesa Resources, Inc.

Defendant HPS Investment Partners, LLC seeks dismissal of a complaint filed by Plaintiff David Dunn, as Trustee of the AMH Litigation Trust in the bankruptcy case of Alta Mesa Resources, Inc.

March 15, 2022 roland jones

Western Surety Company Demands Dismissal of DAB Constructors’ Trustee’s Avoidance Complaint

Western Surety asserts that the Trustee allegedly fails to state a claim to avoid the alleged security interest in vehicles or personal property as a preferential transfer.

March 11, 2022 roland jones

Ahern Rentals and Xtreme Manufacturing Seek Dismissal of Trustee’s $33M Complaint

Defendants Ahern Rentals, Inc. and Xtreme Manufacturing, LLC file a motion to dismiss Trustee W. Lovato’s $33 million complaint

March 2, 2022 roland jones

KeyBank Moves for Dismissal of Debtor Cachet Financial Services’ $1.2 Million Complaint

Defendant KeyBank National Association files a notice of motion and partial motion to dismiss Debtor Cachet Financial Services’ complaint for failure to state a claim upon which relief can be granted.

February 15, 2022 roland jones

Richert Funding Trustee Seeks Dismissal of Hatch Funding’s Complaint;Argues Complaint Is Allegedly an Attempt At ‘Late-Filed’ Claim

The Trustee argues that Hatch's complaint is allegedly an attempt at a late-filed claim against the bankruptcy estate, therefore subject to the applicable claims bar date.

February 14, 2022 roland jones

Lux Templum Moves for Summary Judgment Against Black Hemp Box To Avoid Alleged Fraudulent Transfer of $600K

Lux Templum requests the court to enter an order in its favor and against BHB, avoiding the transfer of $600,000 as alleged fraudulent under Section 548(a)(1)(B) of the Bankruptcy Code.

February 12, 2022 roland jones

United States of America Seeks Dismissal of Trustee R. Kenneth Barnard’s $1.5 Million Complaint; Alleges Court Lacks Jurisdiction To Adjudicate Claims To Forfeited Property

The Defendants argue that Barnard’s claims are allegedly premature, jurisdictionally barred and should be allegedly dismissed.

February 11, 2022 roland jones

North American Specialty Moves for Summary Judgment to Defend its Alleged $6.8 Million Unsecured Claim Contested by Carolinas Home and Land Investments

The complaint sought avoidance of the general indemnity agreement that CHLI allegedly signed in favor of NAS under Sections 544(b), 547, 548, 502, and N.C. Gen. Stat. § 39-23.1 et seq.

February 10, 2022 roland jones

Electronic Merchant Systems Seeks Dismissal of Trustee’s $1.2 Million Complaint

EMS requests that Court should dismiss the Trustee’s complaint with direction to amend to allege only those transfers that EMS actually received and that are not subject to obvious affirmative defenses.