In RE: Forex Fidelity
N/AOUTCOME: Successful, at trial and on appeal
A preference-defense case, in which the Trustee demanded the return of funds returned by the Debtor to the Clients/Defendants within 90 days prior to it filing for Bankruptcy. The defense was based ... on the Ordinary course of business exception to the Trustees preference-avoidance power. We won judgment at trial, confirmed on appeal to the Southern District of Florida, and again confirmed on appeal to the 11th Circuit Court of Appeals in Atlanta. The case took a total of 7 years, including all of the Trustees appeals.
