This APScans is a report of the complaints, answers (and other responsive pleadings), dismissals, defaults and judgments (“CADDJ”) in the Visteon Corporation adversary proceedings for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences) brought by Visteon Corporation. 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. -
02/22/2012 - Brief in Support of Motion to Dismiss filed in AP No.: 11-52227 - Defendant SL Alabama Corporation et al -
Defendant makes the first move in this motion practice game of brinkmanship over a $3 million preference claim.
07/22/2011 - Order Denying Motion to Dismiss Adversary Proceeding filed in AP No.: 11-52070 - Defendant Global Asset Protection Services, LLC -
Delaware Bankruptcy Judge Christoper S. Sontchi issues an order imposing "sanctions against plaintiff's counsel, jointly and severally, for the filing of a grossly deficient complaint" seeking recovery of preferential transfers under Section 547 and constructively fraudulent transfers under section 548(a)(1)(B).
07/14/2011 - Defendant's Reply to Plaintiff's Response to Motion to Dismiss filed in AP No.: 11-52070 - Defendant Global Asset Protection Services, LLC -
Defendant argues that Visteon's filing of the proposed amended complaint within the time permitted by Federal Rule of Civil Procedure 15 does not automatically moot Defendant's motion to dismiss Visteon's original preference complaint.
07/07/2011 - Brief in Response to Global Asset Protection Services, LLCs Motion to Dismiss filed in AP No.: 11-52070 - Defendant Global Asset Protection Services, LLC -
Plaintiff fires back at Defendant's motion to dismiss and request for Rule 11 Sanctions: "Nothing in lqbal or Twombly requires a plaintiff to plead a defendant's affirmative defenses."
06/23/2011 - Defendant's Memorandum of Law in Support of Motion to Dismiss filed in AP No.: 11-52070 - Defendant Global Asset Protection Services, LLC -
An Iqbal/Twombly 12(b)(6) Motion to Dismiss, notable for its inclusion of a Rule 11 request for attorney's fees.
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): Visteon Corporation (09-11786)
Petition Date: May 28, 2009
Bankruptcy Court District (Division): District of Delaware
Click here to see a list of the Visteon Bankruptcy debtors.
Number of Proceedings: 252
When Filed:starting May 20, 2011 and ending May 26, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge Christopher S. Sontchi
Plaintiff's Counsel:Pachulski Stang Ziehl & Jones LLP (Wilmington, Delaware) through its attorneys Laura Davis Jones and James E. O’Neill; Dickinson Wright PLLC (Ann Arbor, Michigan) through its attorneys Michael C. Hammer and Dawn R. Copley
Avoidance Period: The complaint identifies the preference period as "the 90-day period prior to the Petition Date".
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