This daily APScans report covers the substantive filings made during the immediately preceding 7 days in the adversary proceedings brought by Tamara Miles Ogier, Trustee 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): Dean & Moore Insurance, Inc. (09-80657)
Bankruptcy Court District (Division): Northern District of Georgia (Atlanta)
Petition Date: Chapter 11 petition filed August 6, 2009; converted to Chapter 7 on September 24, 2009
Associated Cases: This is a single debtor bankruptcy.
Plaintiff: Tamara Miles Ogier, Trustee
Number of Proceedings: 29
When Filed: August 5, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge James R. Sacca
Plaintiff's Counsel: Ellenberg, Ogier, Rothschild & Rosenfeld (Atlanta, GA) attorney Allen Rosenfeld
The fraudulent transfer claims under Section 548 of the Bankruptcy Code have a stated avoidance period for transfers "made on or within two years of the filing of the bankruptcy petition... ." The fraudulent transfer claims under Georgia law, O.C.G.A. Sec. 18-2-70, have a stated avoidance period of "[o]n or within four years of the Petition Date... ...."
Nature of the Proceedings: 23 complaints include Georgia fraudulent conveyance claims O.C.G.A. Sec. 18-2-70; 12 include Section 548 fraudulent conveyance claims; certain complaints also include equitable subordination, other state law claims and a preferential transfer claim
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