Commercial Morality, the Merchant Character, and the History of the Voidable Preference
An interview with the Author of the article "Commercial Morality, the Merchant Character, and the History of the Voidable Preference."
Texas Two-Step and Forecasting Its Future Application
An interview with the Author of "Texas Two-Step and Forecasting Its Future Application"
Clawback Proceedings Initiated in CFO Management Holdings’ Bankrupt “Ponzi Scheme”
Trustee Wallace initiates clawback actions to avoid preferential and fraudulent transfers made to several creditors in CFO Management Holdings bankruptcy.
Girardi Keese Trustee Files a Cluster of Lawsuits to Clawback Millions
Elissa D. Miller, as chapter 7 trustee (“Trustee”) for the estate of Girardi Keese (“Debtor”), has filed more than fifty complaints in the past two weeks against several Defendants.
Energy Company Seeks to Wrest Asset Sale Proceeds from Trustee
EnLink Midstream Operating, LP (“Plaintiff”) files an adversary complaint against Christopher Murray, in his capacity as Chapter 7 trustee (“Trustee”) for South Texas ELV, LLC (“Debtor”), and Hedrick Holdings, LP (“Defendants”).
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”).
Construction Company Loses Breach of Contract Bid Against Lenders
The Connecticut Bankruptcy Court denied Dennis Group’s summary judgment motion on the allegations of breach of contract and fraud against People’s United Bank, N.A., and B.M.O. Harris Bank, N.A.
Puerto Rico BK Court Holds Foreclosure Judicial Sale Not a Preference
Puerto Rico Bankruptcy Court dismissed the preference and fraudulent transfer allegations made by BLD Realty, Inc. (“Debtor”) against Latin Investment Corp., et al., (“Defendants”).
Trustee Seeks to Recover $6.5 M Fraudulent Conveyances from Alleged Insiders
Steven R. Bailey, the chapter 7 trustee (“Trustee”) of the estate of Empire Solar Group, LLC (“Debtor”), sues R&J Technical Services LLC (“RJT”), Ron Housekeeper (“Mr. Ron”), Jake Housekeeper (“Mr. Jake”) and others for an alleged fraudulent conveyance of $6.7 million.
Investors Sue Debtor’s Alleged Insiders for Fraudulent Conduct
Pioneer Funding Group III, LLC, Pioneer Funding Group IV, LLC, and Further South, LLC (“Plaintiffs”) file an adversary proceeding against Royal Essex LLC, Royal Union Properties LLC, George F. Holman, Martha Jane Holman, Essex Real Estate Group, LLC, et al.
NY BK Court Disallows Defendants to “Manufacture” Claims at Motion Stage
The Bankruptcy Court for Southern New York denied a motion filed by Jason Stone and KeyFi, Inc. (“Defendants”), which sought to dismiss Celsius Network’s complaint against them. Celsius’s complaint alleged that Celsius entrusted the operation of its cryptocurrency “staking” activities to Jason Stone in 2020
NY District Court Refuses to Hold Debtor Liable for Alleged Breach of Subsidiary’s Contract
The District Court for Southern New York affirmed a decision of the Southern New York Bankruptcy Court which had dismissed Zelig Weiss’s complaint against Debtor All Year Holdings Ltd. and its subsidiary YGWV.
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”).
