This APScans is a report of the complaints, answers (and other responsive pleadings), dismissals, defaults and judgments (“CADDJ”) in the Waterford Wedgwood USA Inc. adversary proceedings for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences) brought by John S Pereira, as Chapter 7 Trustee for each named Debtor. 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 Monday, February 23, 2015. -
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): Waterford Wedgwood USA Inc. (09-12512)
Petition Date: April 23, 2009
Bankruptcy Court District (Division): Southern District of New York
Associated Debtors: 09-12559 WW Inc.; 09-12562 Waterford Wedgwood Finance, Inc.; 09-12570 Wedgwood USA, Inc.; 09-12574 Waterford Wedgwood Partners; 09-12577 Waterford Wedgwood Holdings, Inc.; 09-12598 Waterford Graphics, Inc.; 09-12602 Waterford Wedgwood Direct Marketing, Inc.; 09-12611 FCI Properties, Inc.; 09-12614 Kilbarry Inc.; 09-12618 Waterford Crystal, Inc.
Plaintiff:John S Pereira, as Chapter 7 Trustee
Number of Proceedings: 91
When Filed:Starting April 18, 2011 with 10 Additional Complaints filed on July 19, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge Sean H. Lane
Plaintiff's Counsel:Troutman Sanders LLP (New York, New York), Lead Attorney John S. Kinzey
Avoidance Period: The complaint identifies the preference period as "the ninety day period preceding [the Debtor's] bankruptcy
The complaints are only two count complaints - Section 547 Preferences and Section 502(d) and (j) Disallowance of Claims. Additionally, within the body of the Section 547 Count is a purported claim under Section 550: "By reason of the foregoing, the Trustee is also entitled to an order and judgment under § 550 of the Bankruptcy Code allowing the Trustee to recover, inter alia, the amount of the Preferential Payments."
The complaints fail the pleading standards of Bell atl. Corp. v. Twombly and Ashcroft v. Iqbal. In particular, there is an absence of any identification of the antecedent debt against which the transfers were made.
Back to TopBack to Top