This daily APScans report covers the recent substantive filings made in the adversary proceedings brought by Qimonda Richmond, LLC and Qimonda North America Corp. 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. .
- 08/03/2011 - Memorandum of Law in Support of Motion to Dismiss filed in AP No.: 11-50603 - Defendant Citibank, National Association et al -
Citibank, National Association seeks dismissal of a complaint for recovery of an allegedly preferential and fraudulent transfer of approximately $34 million. Although Citibank's bases its motion on multiple grounds, it places heavy emphasis on the the Section 546(e) safe harbor and the recent decision Official Comm. of Unsecured Creditors of Quebecor World (USA) Inc. v. Am. United Life Ins. Co. (In re Quebecor World (USA) Inc.),--- B.R. ----, 2011 WL 3157292 (Bankr. S.D.N.Y. July 27, 2011).
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): Qimonda Richmond, LLC (09-10589)
Bankruptcy Court District (Division): District of Delaware
Petition Date: February 20, 2009
Associated Cases: The Associated Debtor is Qimonda North America Corp.
Plaintiff: Qimonda Richmond, LLC and Qimonda North America Corp.
Number of Proceedings: 33
When Filed: 31 of the preference actions were filed on or after February 11, 2011.
Adversary Proceeding Judge: U.S. Bankruptcy Judge Mary F. Walrath
Plaintiff's Counsel: SilvermanAcampora LLP through lead attorney Randy J. Schaefer (Jericho, NY) and Shelley A. Kinsella and Elliott Greenleaf (Wilmington, DE)
Avoidance Period: The complaint identifies the preference period as the period "within the 90 days immediately prior to the Petition Date".
The ComplaintsPure Section 547 preference complaints with remedy counts under Sections 502(d) and 550(a). The complaints identify the antecedent debt being paid by invoice number, date and amount.
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