Madoff Avoidance Defendants Say “Beam Me Up, Scotty” – One Day, 202 Motions to Withdraw Reference

On a single day, April 2, 2012, 202 motions (including 108 second motions) to withdraw the reference were filed in the Madoff SIPA adversary “claw back” proceedings.  This spike brought to 983 the number of motions were filed by defendants seeking to have their cases heard by the U.S. District Court, rather than the U.S. Bankruptcy Court, for the Southern District of New York.  Out of the 1140 Madoff adversary proceedings, defendants in 760 have sought transfer to the District Court. 

Foreign Representative, Liquidator of Fairfield Sentry Limited Files More Bankruptcy Adversary Proceeding Avoidance Claims under BVI Insolvency Act of 2003

Fairfield Sentry Limited and Kenneth Krys, as Foreign Representative and Liquidator (“Fairfield Sentry”) has brought an additional wave of 46 bankruptcy adversary proceedings in the Chapter 15 bankruptcy case of “the largest of all so called ‘feeder funds’ to maintain accounts with [Bernard L. Madoff Investment Securities LLC]”. With the filing of these additional complaints, the total avoidance actions brought by Fairfield Sentry reaches 227. The claims in these proceedings are brought under the laws of the British Virgin Islands (“BVI”). The in the Chapter 15 bankruptcy case of “the largest of all so called ‘feeder funds’ to maintain accounts with [Bernard L. Madoff Investment Securities LLC]”.

Orleans Homebuilders, Inc. Unsecured Creditor Agent Starts Bankruptcy Preference Adversary Proceedings

On February 16, 2012, J.H. Cohn, LLP, as Unsecured Creditor Agent in the Orleans Homebuilders, Inc. Bankruptcy, commenced mass Chapter 5 preferential transfer recovery litigation in the District of Delaware.   The proceedings add insult to injury.  Each defendant now knows that the Debtors chose not to invoke the reorganization plan’s “Litigation Protocol” to stop the the avoidance action against it.

Next Entries »||« Previous Entries