In a recent post, our own Harriet Wallace observed a truism in a recent ruling by the United States Bankruptcy Court for the District of Delaware in the chapter
Continue Reading Critical Vendor Order Insufficient to Protect Critical Vendors Against Preference Claims
Delaware preference action
Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied
By Fox Rothschild LLP on
In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale…
Continue Reading Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied
Furniture Brands International – Preference Litigation has Begun
By Fox Rothschild LLP on
On September 9, 2013, Furniture Brands International (“Furniture Brands”) and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. …
Continue Reading Furniture Brands International – Preference Litigation has Begun
Liberty Brands Opinion – Preference Litigation and the Bankruptcy Court’s Constitutional Limits
By Fox Rothschild LLP on
In 6 pages of Findings of Fact and Conclusions of Law released December 19, 2014 in the Liberty Brands bankruptcy (Bank. D. Del. 09-50965), Judge Walrath’s ruling referenced Stern v. …
Continue Reading Liberty Brands Opinion – Preference Litigation and the Bankruptcy Court’s Constitutional Limits
Bankruptcy Trustee in Ultimate Electronics Files More Preference Actions
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
In July of 2011, the Chapter 7 Trustee (the “Trustee”) in the Ultimate Acquisition Partners (formerly “Ultimate Electronics”) bankruptcy began filing complaints to avoid and recover payments which the…
Continue Reading Bankruptcy Trustee in Ultimate Electronics Files More Preference Actions
Chapter 7 Trustee in ManagedStorage (aka Incentrix Solutions) Files Preference Actions
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
In January, Jeoffrey L. Burtch, the Chapter 7 Trustee (the “Trustee”) in the ManagedStorage bankruptcy proceeding, commenced adversary proceedings in the Delaware Bankruptcy Court against various defendants. As alleged…
Continue Reading Chapter 7 Trustee in ManagedStorage (aka Incentrix Solutions) Files Preference Actions
Trustee in Meridian Automotive Systems Files Preference Complaints
By Fox Rothschild LLP & Fox Rothschild LLP on
On August 7, 2009, Meridian Automotive Systems (“Meridian”) filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code. Soon after Meridian filed its petition for…
Continue Reading Trustee in Meridian Automotive Systems Files Preference Complaints
Trustee in Opus East Bankruptcy Files Preference Actions in Delaware
By Fox Rothschild LLP & Fox Rothschild LLP on
Last month, Jeoffrey Burtch, the Chapter 7 Trustee (the “Trustee”) in the Opus East bankruptcy filed approximately 90 preference actions against various defendants. As stated in his complaints, the Trustee…
Continue Reading Trustee in Opus East Bankruptcy Files Preference Actions in Delaware
Trustee Files More Avoidance Actions in NWL Holdings
By Fox Rothschild LLP & Fox Rothschild LLP on
In August, the Chapter 7 Trustee in the National Wholesale Liquidators (“NWL”) bankruptcy filing approximately 90 preference actions. Just recently, the Trustee filed over 100 more preference actions in NWL. …
Continue Reading Trustee Files More Avoidance Actions in NWL Holdings
Chapter 7 Trustee in Consolidated Bedding Commences Preference Actions
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
Earlier this month, the Chapter 7 Trustee (the “Trustee”) in the Consolidated Bedding bankruptcy commenced several avoidance actions under sections 547 and 548 of the Bankruptcy Code. Consolidated commenced…
Continue Reading Chapter 7 Trustee in Consolidated Bedding Commences Preference Actions