This APScans is a report of the complaints, answers (and other responsive pleadings), dismissals, defaults and judgments (“CADDJ”) in the DHP Holdings II Corporation aka DESA adversary proceedings for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences) brought by Alfred Thomas Giuliano, 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 January 1, 2010 date through Thursday, November7, 2013. -
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): DHP Holdings II Corporation aka DESA (08-13422)
Petition Date: Chapter 11 petition filed December 29, 2008; converted August 2, 2010; Interim Chapter 7 Trustee appointment August 2, 2010; 341 Meeting Held and Concluded February 17, 2011
Bankruptcy Court District (Division): District of Delaware
Associated Debtors: DHP Holdings II Corporation;DESA LLC; DESA Heatig LLC; DESA Specialty LLC; DESA FMI LLC; and DESA IP LLC
Plaintiff:Alfred Thomas Giuliano, Chapter 7 Trustee
Number of Proceedings: 145
When Filed:July 29, 2011 and July 30, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge Mary F. Walrath
Plaintiff's Counsel:ASK Financial, LLP (St. Paul, MN) attorneys Joseph L. Steinfeld, Jr. and Karen M. Scheibe; Eckert Seamans Cherin & Mellott LLC (Wilmington, DE) attorneys Ronald S. Gellert, Tara Lattomus, and Brya Keilson
Avoidance Period: The complaint identifies the preference period as the period "between September 30, 2008 and December 29, 2008".
The Complaints and the Statute of Limitations Question
The complaints are meticulous. Relationship pleading abounds. The identification of transfers crosses every "t" and dots every "i". Ok, the complaints are not not perfect. Insolvency is plead by presumption, but this is an unlikely case to test the insolvency pleading vs presumption requirement.
When everything is plead with such attention to detail, the omission of a key fact tends to stick out. The omitted fact in these complaints - the date the interim Trustee's appointment became permanent. Only the date of his interim appointment is plead. See note discussing this possible statute of limitations issue.
Back to TopBack to Top