Phoeno Wine Company, Inc. – Preference and Fraudulent Transfer Defense Lawyer

Between April 25 and April 28, 2025, Plaintiff Don A. Beskrone, as Chapter 7 Trustee for the estate of Phoeno Wine Company, Inc. began filing complaints seeking to avoid payments made during the 90 day period prior to the bankruptcy filing, as preferential under Section 547 and/or fraudulent under Section 548 of the Bankruptcy Code.

The bankruptcy cases and these adversary actions are before Judge Karen B. Owens.

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: http://www.tobialaw.com/practice-areas/delaware-preference-defense-lawyer/

The following Adversary Proceedings were filed in the bankruptcy of Phoeno Wine Company, Inc., 23-10554-KBO between April 25 and April 28, 2025:

25-50602-KBO Beskrone v. ABD Insurance & Financial Services, Inc.
25-50603-KBO Beskrone v. ACS Beverage Co., LLC
25-50604-KBO Beskrone v. Appellation Trading Company
25-50605-KBO Beskrone v. Armanino LLP
25-50606-KBO Beskrone v. Bamboo Technologies, Inc.
25-50607-KBO Beskrone v. Jean-Claude Boisset Wines USA, Inc.
25-50608-KBO Beskrone v. BraunHagey & Borden, LLP
25-50609-KBO Beskrone v. Silicon Valley Bank
25-50610-KBO Beskrone v. Brex, Inc.
25-50611-KBO Beskrone v. Eshares, Inc.
25-50612-KBO Beskrone v. Clos LaChance Wines, LLC
25-50613-KBO Beskrone v. Cuvee Wine Cellars
25-50614-KBO Beskrone v. Fruit of the Vines, Inc.
25-50615-KBO Beskrone v. Giovacchini Construction Inc.
25-50616-KBO Beskrone v. Grand Napa Wine Company LLC
25-50617-KBO Beskrone v. Grimm Cellars LLC
25-50618-KBO Beskrone v. Internal Revenue Service
25-50619-KBO Beskrone v. Shaw
25-50620-KBO Beskrone v. Watson
25-50621-KBO Beskrone v. Gusto, Inc.
25-50622-KBO Beskrone v. Le Vigne Winery
25-50623-KBO Beskrone v. Ray
25-50624-KBO Beskrone v. Winebow, Inc.
25-50625-KBO Beskrone v. Massanois, LLC
25-50626-KBO Beskrone v. Breakthru Beverage California, LLC, f/k/a Wine Wa
25-50627-KBO Beskrone v. Martellotto, Inc. d/b/a One Vine Wines
25-50628-KBO Beskrone v. EmployBridge, LLC d/b/a Select Staffing
25-50629-KBO Beskrone v. Southern Glazer’s Wine & Spirits, LLC
25-50630-KBO Beskrone v. Springboard Wine Company LLC
25-50631-KBO Beskrone v. Wine Country Connect, LLC
25-50632-KBO Beskrone v. Treasury Wine Estates Americas Company
25-50633-KBO Beskrone v. Trecini Winery
25-50634-KBO Beskrone v. We Ship Express, Inc.