Sunworks, Inc. – Preference Defense Lawyer
On February 4 and 5, 2026, Jeoffrey L. Burtch, chapter 7 trustee for the bankruptcy estates of Debtors Sunworks, Inc., Solcius, LLC, Commercial Solar Energy, Inc., and Sunworks United, Inc., filed approximately 45 complaints seeking to avoid and recover payments made during the 90 day period prior to the bankruptcy filing, as preferential under Section 547 of the Bankruptcy Code.
The bankruptcy case and these adversary actions are before Judge Laurie Selber Silverstein.
For more information, see our page on Preference Defense Litigation: http://www.tobialaw.com/practice-areas/delaware-preference-defense-lawyer/
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).
The following Adversary Proceedings were filed in the bankruptcy of Sunworks, Inc., Case No. 24-10215-LSS on February 4 and 5, 2026:
26-50037-LSS Burtch v. DL Freight Solutions LLC
26-50038-LSS Burtch v. Also Energy Inc.
26-50039-LSS Burtch v. Awesomehouzen LLC
26-50040-LSS Burtch v. Cache Marketing Alliance
26-50041-LSS Burtch v. MBL & Sons, Inc.
26-50042-LSS Burtch v. The Megawatt Group LLC
26-50043-LSS Burtch v. Endelos Energy, Inc.
26-50044-LSS Burtch v. Pape’ Material Handling, Inc.
26-50045-LSS Burtch v. Denver Construction Specialists, LLC
26-50046-LSS Burtch v. Horizon Underground, Inc.
26-50047-LSS Burtch v. Flash Roofing Inc.
26-50048-LSS Burtch v. The Mom Project Inc.
26-50049-LSS Burtch v. All County Electric Supply Inc.
26-50050-LSS Burtch v. Haig Precision Manufacturing Corp.
26-50051-LSS Burtch v. United Rentals (North America), Inc.
26-50052-LSS Burtch v. Libre LLC
26-50053-LSS Burtch v. PushPower LLC
26-50054-LSS Burtch v. Revere Electric Supply Co.
26-50055-LSS Burtch v. Pacific Gas & Electric Company
26-50056-LSS Burtch v. Trimble Inc.
26-50057-LSS Burtch v. Stradling Yocca Carlson & Rauth
26-50058-LSS Burtch v. Solectria Renewables, LLC
26-50059-LSS Burtch v. Wesco Distribution, Inc.
26-50060-LSS Burtch v. Solar Insure, Inc.
26-50061-LSS Burtch v. S. Chaves Construction, Inc.
26-50062-LSS Burtch v. Paradise Walk In Tubs Inc.
26-50063-LSS Burtch v. Sierra Roof Inc.
26-50064-LSS Burtch v. Solar Roofing LLC
26-50065-LSS Burtch v. Loyal Energy LLC
26-50066-LSS Burtch v. Bahena et al
26-50067-LSS Burtch v. Soligent Distribution LLC
26-50068-LSS Burtch v. Koken Consulting
26-50069-LSS Burtch v. National Clean Energy Corp.
26-50070-LSS Burtch v. Northern Electric Power Technology, Inc.
26-50071-LSS Burtch v. Richardson Development LLC
26-50072-LSS Burtch v. Roofix Technologies LLC
26-50073-LSS Burtch v. Trismart Solar LLC
26-50074-LSS Burtch v. Viking Electric Supply, LLC
26-50075-LSS Burtch v. Unishippers Global Logistics, LLC
26-50076-LSS Burtch v. High Five Energy LLC
26-50077-LSS Burtch v. WEX INC. et al
26-50078-LSS Burtch v. Janus Prime, LLC
26-50079-LSS Burtch v. JAB Solar, LLC
26-50080-LSS Burtch v. Solares
26-50081-LSS Burtch v. Speed of Light Ops LLC


