June 14, 2022, US Bankruptcy Court for the Northern District of Texas – Defendant Yadah, Yadah, Yadah, LLC (“Yadah”) seeks a summary judgment from Northern Texas Bankruptcy Court dismissing all the six counts in the complaint filed by Alan D. Halperin, litigation trustee (“Trustee”) for Senior Care Centers, LLC, et al. (“Debtor”).
Trustee Halperin, through his complaint, seeks to avoid and recover a payment made by the Debtor to Yadah under theories of preference and fraudulent transfer. This payment by the Debtor was in satisfaction of a short term loan made by Yadah for the benefit of the Debtor.
Defendant Yadah seeks to dismiss the Trustee’s complaint on several grounds:
That the Trustee “failed to present evidence” that the Debtor did not receive reasonably equivalent value in exchange for the alleged transfer made by the Debtor.
That the Trustee is allegedly unable to present evidence that the alleged transfer was made by the Debtor with intent to delay, delay or defraud creditors of the Debtor.
That the Trustee is allegedly unable to present evidence that Yadah was an “insider” of the Debtor at the time of the alleged transfer.
That the Trustee allegedly failed to present evidence that the alleged transfer was not made in the ordinary course of business between the Debtor and Yadah.
Halperin v. Yadah, Yadah, Yadah, LLC (In re Senior Care Centers, LLC, et al.), AP No. 20-03186-SGJ, US Bankruptcy Court for the Northern District of Texas.