This daily APScans report covers the recent substantive filings in the adversary proceedings brought by Avidity Partners, LLC, as Claims Agent for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences).
Pre-Applied Filters: The following filings are not included in the "Current" APScan: certificates or affidavits of service, receipts for filing fees and other clerical matters.
Not For Individual Docket Monitoring: Pre-applied filters may eliminate important notices and certificates. A party to an adversary proceeding must not consider APScans to be a substitute for reviewing the docket of the proceeding in which it is a defendant.
This APScans is updated daily to cover filings made as of midnight on the previous day. This APScans covers filings ENTERED during the period from August 01, 2015 through September 29, 2015. .
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): AbitibiBowater Inc. (09-11296)
Bankruptcy Court District (Division): District of Delaware
Petition Date: April 16, 2009 (The Petition Date for ABH LLC 1 and ABH Holding Company LLC was December 21, 2009.)
Associated Cases: AbitibiBowater Inc. , AbitibiBowater US Holding Corp. , AbitibiBowater US Holding LLC (N/A), AbitibiBowater Canada Inc. , Abitibi-Consolidated Alabama Corporation , Abitibi-Consolidated Corporation , Abitibi-Consolidated Finance LP , Abitibi Consolidated Sales Corporation , Alabama River Newsprint Company , Augusta Woodlands, LLC , Bowater Alabama LLC , Bowater America Inc. , Bowater Canada Finance Corporation , Bowater Canadian Forest Products Inc. , Bowater Canadian Holdings Incorporated , Bowater Canadian Limited , Bowater Finance Company Inc. , Bowater Finance II LLC , Bowater Incorporated , Bowater LaHave Corporation , Bowater Maritimes Inc. , Bowater Newsprint South LLC , Bowater Newsprint South Operations LLC , Bowater Nuway Inc. , Bowater Nuway Mid-States Inc. , Bowater South American Holdings Incorporated (N/A), Bowater Ventures Inc. , Catawba Property Holdings, LLC (N/A), Coosa Pines Golf Club Holdings LLC , Donohue Corp. , Lake Superior Forest Products Inc. and Tenex Data Inc. On December 21, 2009, ABH LLC 1 (2280) and ABH Holding Company LLC (2398) (the “SPV Debtors”) commenced chapter 11 cases, which cases are jointly administered with the other Debtors.
Plaintiff: Claims Agent for the Chapter 11 Estates of AbitibiBowater, Inc. (44); Debtor in Possession (16)
Number of Proceedings: 60
When Filed: Mar. 31, 2011
Adversary Proceeding Judge: Chief U.S. Bankruptcy Judge Kevin J. Carey
Plaintiff's Counsel: Bayard, P.A. (Wilmington, Delaware) through its attorneys Neil B. Glassman, Jamie L. Edmonson, GianClaudio Finizio, Daniel A. O’Brien
Avoidance Period: The complaint identifies the preference period as the period "from January 16, 2009 through
April 15, 2009, which is the ninety-day period prior to the filing of the Debtors’ bankruptcy
In addition to a count for avoidance of preferential transfers under Section 547, they include a count for recovery of fraudulent transfers under Section 548 with a 2 year avoidance period; a count for recovery of post petition transfers under Section 549; and a count for set-off and recoupment. However, the complaints are bare of any factual allegations to support these ancillary claims, and the identification of transfers covers only the 90 day preference period under Section 547. Even the allegations as to the 90 day preference period fail to identify the antecedent debt.
These proceedings are before Judge Kevin J. Carey, who during a recent oral argument an In re HomeBanc Mortgage Corporation adversary proceeding admonished the plaintiff: "[i]t defies credibility and credulity that you would expect a Court to look at this complaint and tell me that there's anything specific in it other than the attachment which shows a handful of transfers and the dates of the transfer." Judge Carey also made clear that he would not hesitate to dismiss such complaints with prejudice, although in that particular proceeding he allowed the complaint to be amended.
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