This APScans is a report of the complaints, answers (and other responsive pleadings), dismissals, defaults and judgments (“CADDJ”) in the BH S&B Holdings, LLC aka Steve & Barry’s adversary proceedings for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences) brought by Robert L. Geltzer, Esq., as Chapter 7 Trustee . This report is a litigation status report and does not report filings between these CADDJ events.
APScans Tags: The CADDJ Report uses complex algorithms in an attempt to identify filings in each of the categories of complaints, answers (and other responsive pleadings), defaults, dismissals and judgments. No assurance is given that the nature of each docket entry will be identified correctly.
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 covers filings ENTERED during the period from the petition date through Monday, February 23, 2015. -
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): BH S&B Holdings, LLC aka Steve & Barry's (08-14604)
Petition Date: The cases were filed under Chapter 11 on November 19, 2008. On November 16, 2010, the Debtors' cases were converted to ones under Chapter 7 of the Bankruptcy Code and the interim trustee was appointed on that date. The Section 341 meeting of creditors was held on April 26, 2011 and the interim trustee's appointment would have been made permanent on that date.
Bankruptcy Court District (Division): Southern District of New York
Associated Debtors: BH S& B Holdings, LLC, BH S&B Distribution LLC; BH S&B Lico LLC; BH S&B
Retail LLC; BHY S&B Intermediate Holdco LLC; Cubicle Licensing LLC; Fashion Plate Licensing LLC; and Heritage
Plaintiff:Robert L. Geltzer, Esq., as Chapter 7 Trustee
Number of Proceedings: 79
When Filed:from November 8, 2011 to November 16, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge Martin Glenn
Plaintiff's Counsel:Squire Sanders & Dempsey (US) LLP (New York, NY) attorneys Robert A. Wolf and Andrea K. Fisher
Avoidance Period: The complaint identifies the preference period as the period "on or within the 90-day period preceding the Petition Date".
Motion Practice Note:Motion practice in these mass adversary proceedings should be interesting to watch. These factually anemic complaints filed by a Chapter 7 trustee whose appointment became permanent almost 2 1/2 years after the bankruptcy filing may test willingness of the Bankruptcy Court for the Southern District of New York to follow two Delaware Section 547 bankruptcy preference precedents - Valley Media v. Borders (In re Valley Media), 288 B.R. 189 (Bankr. D. Del 2003) and Singer v. Franklin Boxboard Co. (In re American Pad & Paper ), 478 F.3d 546 (3rd Cir. 2007).
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