From April 22 – 24, 2014, Jeoffrey L. Burtch, Chapter 7 Trustee of the Capitol Infrastructure, LLC bankruptcy estates, filed approximately 71 complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and to disallow claims of the defendants pursuant to Section 502(d).

Capitol Infrastructure, LLC and various affiliated entities (the “Debtors”) filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware on April 26, 2012. By way of background, on October 15, 2012, the Court entered an Order converting the Debtors’ cases from Chapter 11 proceedings to Chapter 7 proceedings (the “Conversion Order”). One day after the Conversion Order was entered, Jeoffrey L. Burtch was appointed as the Chapter 7 Trustee of the Debtors’ estates.

The law firm of Cooch & Taylor represents the Chapter 7 Trustee in these various preference cases. The pretrial conference has not been scheduled. These adversary actions, as well as the Debtors’ bankruptcy proceeding, are before the Honorable Kevin Gross. To review one of the complaints filed in these actions, click here.

For readers looking for more information concerning preference litigation, including an analysis of defenses that can be asserted, below are several articles on this topic:

Preference Payments: Brief Analysis of Preference Actions and Common Defenses

Minimizing Preference Exposure: Require Prepayment for Goods or Services

Minimizing Preference Exposure (Part II) – Contemporaneous Exchanges