Beauty Brands, LLC - Preference and Fraudulent Transfer Defense Lawyer
On February 25, 2019, the Court entered an Order converting the Chapter 11 Cases to cases administered under chapter 7 of the Bankruptcy Code. David W. Carickhoff was then appointed as chapter 7 trustee for the Debtors’ estates.
Prior to the Conversion Date, the Debtors operated specialty beauty stores under
the trade name "Beauty Brands" that provided salon and spa services and retail and third-party branded beauty products.
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 pages on Preference Defense Litigation: http://www.tobialaw.com/delaware-preference-defense-lawyer.html and Fraudulent Transfer Defense Litigation: https://www.tobialaw.com/defense-of-fraudulent-transfer-actions.html