On July 6, 2011, James G. Henderson, Chapter 7 Trustee in the Moore-Handley, Inc. Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of 22 complaints in the Northern District of Alabama (Birmingham).
Mass Bankruptcy Preference, Avoidance Actions, Adversary Proceedings
Recent bankruptcy preference actions and adversary proceedings illustrating treatment of most aspects of bankruptcy preference assessment, negotiation and defense, including issues of timing and strategy.
Chapter 7 Trustee Starts Opus East, LLC. Bankruptcy Preference Adversary Proceedings
On June 21, 2011, Jeoffrey L. Burtch, as Chapter 7 Trustee in the Opus East, LLC. Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of 14 complaints in the District of Delaware.
Chapter 7 Trustee Starts Probulk Inc. Bankruptcy Preference Adversary Proceedings
On June 21, 2011, Salvatore LaMonica in the Probulk Inc. Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of 58 complaints in the Southern District of New York (Manhattan).
Alfred T. Giuliano, Chapter 7 Trustee Starts Axiant, LLC Bankruptcy Preference Adversary Proceedings
On May 25, 2011, Alfred T. Giuliano, Chapter 7 Trustee in the Axiant, LLC Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of Ongoing complaints in the District of Delaware.
Visteon Corporation Starts Bankruptcy Preference Adversary Proceedings
On May 20, 2011 , Visteon Corporation in the Visteon Corporation Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of Ongoing complaints in the District of Delaware.
David P. Leibowitz, Chapter 7 Trustee Starts Kevin G. Carney Bankruptcy Adversary Proceedings
From May 13, 2011 through May 15, 2011, David P. Leibowitz, Chapter 7 Trustee in the Kevin G. Carney Bankruptcy, commenced Chapter 5 fraudulent transfer recovery litigation with the filing of 56 complaints in the Northern District Of Illinois (Eastern).
Chapter 7 Trustee Starts Pecus ARG Holding, Inc. nka GRA Liquidation, Inc. Bankruptcy Preference Adversary Proceedings
On May 03, 2011, George L. Miller, Chapter 7 Trustee in the Pecus ARG Holding, Inc. nka GRA Liquidation, Inc. Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of 108 complaints in the District of Delaware (Delaware).
Distribution Agent Starts AGT Crunch Acquisition LLC Bankruptcy Preference Adversary Proceedings
On April 28, 2011, Marianne O’Toole, as Distribution Agent in the AGT Crunch Acquisition LLC Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of ongoing complaints in the Southern District of New York (Manhattan).
JetDirect Aviation, LLC aka JetCorp., LLC Chapter 7 Trustee Starts Bankruptcy Preference Litigation
On April 28, 2011, Alfred T. Giuliano, Chapter 7 Trustee in the JetDirect Aviation, LLC aka JetCorp., LLC Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of preference complaints in the District of Delaware. The case was filed as a Chapter 7 on May 1, 2009 so the trustee has until May 1, 2011 to complete his filings.
“Extaordinary” Circumstances Behind Marty Shoes Bankruptcy Preference Actions
On March 16, 2011, George L. Miller, Chapter 7 Trustee for the estates of Marty Shoes Holdings, Inc. commenced Chapter 5 preferential transfer recovery litigation with the filing of 98 complaints in the United States Bankruptcy Court for the District of Delaware. The Trustee makes a gutsy admission in his preference complaints: “The Trustee finds himself in an extraordinary situation as he has been deprived of the Debtors’ books and records, though he has taken the necessary steps to locate these records.” As a result, the complaints fail to identify the antecedent debt as required to plead a prima facie case under recent Delaware Bankruptcy Court decisions.