Waterford Wedgwood USA Inc. – Current APScans Report of Bankruptcy Preference Adversary Proceedings

This daily APScans report covers all recent docket entries in the adversary proceedings brought by John S Pereira, as Chapter 7 Trustee for each named Debtor 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. .

AP No.Ent'd (Filed)Filed byDefendantCat.EventWaterford Wedgwood USA, Inc. APSCANS™
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09-01910 (shl)NaN08/04/2015 11:44:47 (08/04/2015)A. Ho (crt)WWRD US, LLC et alClosureAdv Proc ClosedAdversary Case 1:09-ap-1910 Closed. this Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (Ho, Amanda)

Related Materials:

Adversary Proceedings Overview

Lead Bankruptcy Case Name (Case Number): Waterford Wedgwood USA Inc. (09-12512)

Bankruptcy Court District (Division): Southern District of New York

Petition Date: April 23, 2009

Associated Cases: 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 filing."

 

The Complaints

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.


Adversary Proceedings Overview

Lead Bankruptcy Case Name (Case Number): Waterford Wedgwood USA Inc. (09-12512)

Bankruptcy Court District (Division): Southern District of New York

Petition Date: April 23, 2009

Associated Cases: 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 filing."

 

The Complaints

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.

 

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