Motion Practice

June 28, 2021 roland jones

Breakwater Credit Opportunities Fund & Others Move for Partial Summary Judgment On Plaintiff’s Complaint to Recover $1M For Alleged Breach of Fiduciary Duty & Fraud in Old LC, Inc., et al Bankruptcy

Last week, Defendants Breakwater Credit Opportunities Fund, L.P. and others moved for partial summary judgment on the complaint brought by Official Committee of Unsecured Creditors of Old LC, Inc., et al for avoidance of preference and fraudulent transfers worth $ 1 million.

June 26, 2021 roland jones

McAnney Brothers File a Motion to Dismiss BG Petroleum Trustee’s Complaint, Alleges Complaint Has No Factual Allegations & is Speculative

McAnney Brothers, Inc. recently filed a motion to dismiss Trustee Lisa M. Swope and Timco Ltd’s complaint in the bankruptcy case of BG Petroleum, LLC.

June 10, 2021 roland jones

Trustee Rodney D. Tow Moves to Dismiss Complaint Against a Luxurious Casino Resort on the Gulf Coast

Trustee Rodney D. Tow for the bankruptcy estate of Debtor Abousaoui Financial, LLC recently filed a motion to dismiss a complaint against Defendant Golden Nugget Lake Charles, LLC in a Texas Bankruptcy Court.

June 4, 2021 roland jones

META Advisors LLC Files Motion for Summary Judgment Against a Hong Kong Based Company Engaged in Design and Development of Portable Lighting Products, Seeks $93k in Alleged Preferences

Earlier last week, META Advisors LLC on behalf of G-Estate Management Company, Inc. (f/k/a Gordmans Management Company, Inc.) moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure against Mastercraft International Limited on the Plaintiff’s alleged claims under 11 U.S.C. §§ 547, 550 and 502 of the Bankruptcy Code.

June 1, 2021 roland jones

Orion Energy Funds Moves to Dismiss Plaintiff’s Complaint in Carbonlite Holdings Bankruptcy Case For Failure to State a Claim

Two weeks ago, Defendants Orion Energy Credit Opportunities Fund II, L.P., Orion Energy Credit Opportunities Fund II PV, L.P., and Orion Energy Credit Opportunities Fund II GPFA, L.P. moved the court for an order dismissing counts 4 through 8 of the complaint filed by Plaintiffs Bahram Nour-Omid and Learnicon LLC in the bankruptcy case of Carbonlite Holdings, LLC.

June 1, 2021 roland jones

Cobb & Cole Seeks to Dismiss IPS Worldwide Trustee’s $81 Million Clawback Action, Says Alleged Claims Barred by In Pari Delicto Doctrine

Defendants, Cobb & Cole, P.A., and John P. Ferguson recently filed a motion to dismiss the amended adversary complaint of Trustee Alex D. Moglia in the bankruptcy case of IPS Worldwide, LLC

May 28, 2021 roland jones

A Hawaiian Financial Services Company Brings a Motion for Partial Summary Judgment on Issue of Reasonably Equivalent Value in a Former Restaurant’s Bankruptcy Case

Finance Factors Limited, a company offering financial services in Hawaii filed its motion for partial summary judgment as to the issue of “reasonably equivalent value” and “value” as applied in Counts I through V of the complaint filed in the bankruptcy case of AGUPLUS, LLC.

May 3, 2021 roland jones

PNW Healthcare Holdings & its Affiliates Move for Dismissal of Adversary Proceeding Against Canyon Z, LLC, and 34 Others

Last month, Plaintiffs PNW Healthcare Holdings, LLC and twenty of its affiliates, as debtors and debtors in possession in the jointly administered chapter 11 cases, filed an agreed motion requesting the court to voluntarily dismiss their complaint against Canyon Z, LLC, and 34 other defendants according to Rule 41(a)(2) of the Federal Rules of Civil Procedure made applicable by Rule 7041 of the Federal Rules of Bankruptcy Procedure.