Articles tagged with: Adversary Proceedings

Articles, materials addressing bankruptcy adversary proceedings, including complaints, answers, discovery and other pleadings

Pike Family Nurseries Liquidation – Trustee Estimates Net Preference Claim Recoveries

Trustee in Pike Family Nurseries Bankruptcy Liquidation Case Estimates Net Preference Claim Recoveries of $500,000 Will be Realized by 12/31/2009.

The case of:

In Re: Pike Nursery Holding LLC, d/b/a Pike Family Nurseries
d/b/a Pike Nurseries
(“Pike”), Case No. 07-79129 in the United States Bankruptcy Court for the Northern District of Georgia

Cadence Innovation LLC – Decision to Liquidate Means Preference Claims are Coming

Original Post 12/28/2008; See Updates At End of this Post

For a supplier confronted with a customer bankruptcy, nothing changes bad to worse like the failure of the customer to successfully reorganize.  This means that a filing under Chapter 11, which creates the possibility that the customer will continue operations, now becomes a liquidation under Chapter 7.  Worse still, the supplier who has received payments on open account during the bankruptcy preference period will likely face a bankruptcy preference claim and faces the real prospect of receiving a demand for repayment of those amounts.