This APScans reports the recent substantive filings made in the Hartmarx Corporation adversary proceedings for recovery of preferential transfers under section 547 of the Bankruptcy Code (bankruptcy preferences). The adversary proceedings were brought by The Official Committee of Unsecured Creditors of XMH Corp. 1, formerly known as Hartmarx Corporation, et al.
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): Hartmarx Corporation (09-02046)
Bankruptcy Court District (Division): Northern District of Illinois (Eastern Division)
Petition Date: January 23, 2009
Associated Cases: There were 50 associated debtors.
Plaintiff: The Official Committee of Unsecured Creditors of XMH Corp. 1, formerly known as Hartmarx Corporation, et al.
Number of Proceedings: 338 as of January 21, 2011
When Filed: 76 actions on January 21, 2011, 118 actions on January 20, 2011; 1 on January 19, 2011; 2 on January 18, 2011; 3 on January 14, 2011; 73 were filed on December 23, 2010; 46 were filed on October 20, 2010; 19 actions were filed on October 19, 2010;
Adversary Proceeding Judge: U.S. Bankruptcy Judge Bruce W. Black
Plaintiff's Counsel: Neal, Gerber & Eisenberg LLP (Chicago Illinois) through Deborah M Gutfeld as lead attorney
Avoidance Period: The complaint identifies the preference period as "October 14, 2008 through and including January 23, 2009".
Notes and Comments:
The Creditors' Committee was given authority to pursue the preference recovery litigation by virtue of an order entered July 22, 2010 granting Debtors’ Motion for Order Granting Creditors’ Committee Authority to Commence and Prosecute Certain Causes of Action on Behalf of the Debtors’ Estates.
For a long time it looked like the preference recovery effort would be limited. After filing 65 preference actions in mid-October the recovery effort stopped. After two months of silence, the Creditors' committee filed an additional 73 adversary proceedings. With one more month remaining before the statute of limitations expires, this case may yet spawn more preference actions.
The complaints are "plain vanilla" and are limited to counts under Section 547, 550 and 502(d). The transfers are identified on Exhibit A to each complaint. The identification of the transfers does not include any indication of the "antecedent debt" being paid. The transfers identification does, however, identify which of the 51 total associated debtors made the supposedly preferential transfer.
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