DHP Holdings II Corporation aka DESA – Current APScans of Bankruptcy Preference Adversary Proceedings

This daily APScans report covers the recent substantive filings made in the adversary proceedings brought by Alfred Thomas Giuliano, Chapter 7 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.

 
 

CADDJ APScans Report of Complaints, Answers, Dismissals, Defaults and Judgments in the DHP Holdings II Corporation aka DESA Bankruptcy Preferential Transfer Recovery Adversary Proceedings

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. .

AP No.Ent'd (Filed)Filed byDefendantCat.EventDHP Holdings II Corporation APSCANS™
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14-50461 (MFW)02209/21/2015 09:53:01 (09/21/2015). Carroll (aty)L.E. Klein Company, Inc.ProcedureHearing-AgendaNotice of Agenda of Matters Scheduled for Hearing Filed by Alfred Thomas Giuliano, Chapter 7 Trustee. Hearing Scheduled for 9/23/2015 at 02:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. (Carroll, John)
14-50461 (MFW)02108/24/2015 12:26:21 (08/24/2015). Carroll (aty)L.E. Klein Company, Inc.ProcedureHearing-AgendaNotice of Agenda of Matters Scheduled for Hearing Filed by Alfred Thomas Giuliano, Chapter 7 Trustee. Hearing Scheduled for 8/26/2015 at 02:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. (Carroll, John)
14-50461 (MFW)02008/12/2015 12:19:07 (08/12/2015). Carroll (aty)L.E. Klein Company, Inc.ProcedureHearing-AgendaAmended Hearing Cancelled/Rescheduled. Notice of Agenda of Matters Scheduled for Hearing. (Related Document(s) 21 , 1550 ) Filed by Alfred Thomas Giuliano, Chapter 7 Trustee. Hearing Scheduled for 8/12/2015 at 02:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. (Related Document(s) 19 , 1550 ) (Carroll, John)
14-50461 (MFW)01908/10/2015 10:35:29 (08/10/2015). Carroll (aty)L.E. Klein Company, Inc.ProcedureHearing-AgendaNotice of Agenda of Matters Scheduled for Hearing Filed by Alfred Thomas Giuliano, Chapter 7 Trustee. Hearing Scheduled for 8/12/2015 at 02:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware. (Carroll, John)

Related Materials:

Adversary Proceedings Overview

Lead Bankruptcy Case Name (Case Number): DHP Holdings II Corporation aka DESA (08-13422)

Bankruptcy Court District (Division): District of Delaware

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

Associated Cases: 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.

 

This is an unregistered version of APScans. The registered user version covers the entire history of these adversary proceedings. Click this link to become a registered user. Registration is free.

 

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