Schafer and Weiner Obtains Dismissal of Adversary Proceeding Filed Against Client

August, 2018

Shanna M. Kaminski convinced the U.S. Bankruptcy Court for the District of New Jersey to dismiss a preference and fraudulent conveyance action filed against a merchant cash advance company.  The Court agreed with Ms. Kaminski’s argument that the adversary proceeding failed to state a claim. The Court concluded that there was no transfer of an interest of the debtor in property because the money transferred to the merchant cash advance company was its property at the time of the transfer.