AmeriFirst Financial, Inc. – Preference Defense Lawyer

Beginning on August 22, 2025, the Official Committee of Unsecured Creditors of AmeriFirst Financial, Inc. and Phoenix 1040 LLC, derivatively, on behalf of the debtors and debtors-in possession began filing complaints seeking to avoid and recover payments made during the 90 day period prior to the bankruptcy filing, as preferential under Section 547 and Section 550 of the Bankruptcy Code. Approximately 47 such complaints have been filed so far.

The bankruptcy cases and these adversary actions are before Judge Thomas M. Horan.

The Debtors are: Phoenix 1040 LLC and AmeriFirst Financial, Inc.

Common Defenses in Preference Actions

The United States Bankruptcy Code provides many affirmative defenses to preference actions, contained within Section 547(c). For example, the most common defenses that may be available to a Defendant under Section 547(c) may include:

• the transfer was a contemporaneous exchange for new value given to the debtor (i.e., the debtor received something of value in exchange for the transfer); 11 U.S.C. §547(c)(1);
• after such transfer, Defendant gave new value to or for the benefit of the debtor (i.e., the Defendant extended additional credit to the Debtor after receiving the transfer) 11 U.S.C. §547(c)(4); or
• the transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the recipient (i.e., Defendant made the transfer under ordinary business terms). 11 U.S.C. §547(c)(2).

For more information, see our page on Preference Defense Litigation.

The following Adversary Proceedings were filed in the bankruptcy of AmeriFirst Financial, Inc., Case No.23-11240-TMH on August 22, 2025:

25-52082-TMH The Official Committee of Unsecured Creditors … v. 275 Rivulon Blvd LLC
25-52083-TMH The Official Committee of Unsecured Creditors … v. American Pacific Mortgage
25-52084-TMH The Official Committee of Unsecured Creditors … v. Arizona Academy of Real Estate Inc.
25-52085-TMH The Official Committee of Unsecured Creditors … v. Arizona Instant Funding, LLC
25-52086-TMH The Official Committee of Unsecured Creditors … v. Canlas Group, Inc.
25-52087-TMH The Official Committee of Unsecured Creditors … v. Capital Insurance Services
25-52088-TMH The Official Committee of Unsecured Creditors … v. Capital One
25-52089-TMH The Official Committee of Unsecured Creditors … v. Corelogic Solutions, LLC
25-52090-TMH The Official Committee of Unsecured Creditors … v. Centier Bank
25-52091-TMH The Official Committee of Unsecured Creditors … v. Newport Group
25-52092-TMH The Official Committee of Unsecured Creditors … v. CenturyLink
25-52093-TMH The Official Committee of Unsecured Creditors … v. Cousins Fund II Phoenix III, LLC
25-52094-TMH The Official Committee of Unsecured Creditors … v. Charles J. Evenich Jr.
25-52095-TMH The Official Committee of Unsecured Creditors … v. Newrez, LLC
25-52096-TMH The Official Committee of Unsecured Creditors … v. Cisco-Credit Information Services Company, Inc.
25-52097-TMH The Official Committee of Unsecured Creditors … v. CrossCheck Compliance LLC
25-52098-TMH The Official Committee of Unsecured Creditors … v. Citizens Choice Mortgage
25-52099-TMH The Official Committee of Unsecured Creditors … v. Nintex
25-52100-TMH The Official Committee of Unsecured Creditors … v. DB Trust Co. Americas
25-52101-TMH The Official Committee of Unsecured Creditors … v. Ocrolus
25-52102-TMH The Official Committee of Unsecured Creditors … v. Saluda Grade
25-52103-TMH The Official Committee of Unsecured Creditors … v. ServiceMac, LLC
25-52104-TMH The Official Committee of Unsecured Creditors … v. Optimal Blue
25-52105-TMH The Official Committee of Unsecured Creditors … v. The Law Office of Jeff A. George, APC
25-52106-TMH The Official Committee of Unsecured Creditors … v. Divvy
25-52107-TMH The Official Committee of Unsecured Creditors … v. Todd Ables
25-52108-TMH The Official Committee of Unsecured Creditors … v. Payflex Systems
25-52109-TMH The Official Committee of Unsecured Creditors … v. UKG Inc.
25-52110-TMH The Official Committee of Unsecured Creditors … v. FCI Lender Services, Inc.
25-52111-TMH The Official Committee of Unsecured Creditors … v. Phoenix Arena Development, L.P.
25-52112-TMH The Official Committee of Unsecured Creditors … v. UniVoIP Inc.
25-52113-TMH The Official Committee of Unsecured Creditors … v. Veri-Tax
25-52114-TMH The Official Committee of Unsecured Creditors … v. First American Title
25-52115-TMH The Official Committee of Unsecured Creditors … v. Richey May & Co.
25-52116-TMH The Official Committee of Unsecured Creditors … v. Wayne Waldron
25-52117-TMH The Official Committee of Unsecured Creditors … v. Geraci Legal Corporation
25-52118-TMH The Official Committee of Unsecured Creditors … v. Kleinfinger
25-52119-TMH The Official Committee of Unsecured Creditors … v. Xactus
25-52120-TMH The Official Committee of Unsecured Creditors … v. Roc Commercial Capital Corp
25-52121-TMH The Official Committee of Unsecured Creditors … v. ICE Mortgage Technology, Inc.
25-52123-TMH The Official Committee of Unsecured Creditors … v. JPMorgan Chase Bank
25-52124-TMH The Official Committee of Unsecured Creditors … v. Salesforce, Inc.
25-52125-TMH The Official Committee of Unsecured Creditors … v. Macwood Capital, an Arizona LLC
25-52126-TMH The Official Committee of Unsecured Creditors … v. Navi Title Agency
25-52127-TMH The Official Committee of Unsecured Creditors … v. American Express Corporate
25-52128-TMH The Official Committee of Unsecured Creditors … v. King Holdings, LLC