On February 5, 2015, RadioShack and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. We initially published a
Continue Reading RadioShack Preference Litigation has Begun – En Masse
preference
Green Field Energy Services – Preference Actions Filed
On October 27, 2013, Green Field Energy Service, Inc. and a number of subsidiaries (the “Debtors”) filed for bankruptcy under Chapter 11 of the Bankruptcy Code in the United States…
Continue Reading Green Field Energy Services – Preference Actions Filed
THQ Inc. Preference Actions Filed
From December 17-19, 2014, THQ Inc. filed approximately 78 preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and…
Continue Reading THQ Inc. Preference Actions Filed
Satcon Technology Corp. Preference Actions Update
On October 17, 2014, Charles M. Forman, the Chapter 7 Trustee of the Satcon Technology Corp. bankruptcy estate, filed a number of complaints seeking the avoidance and recovery of alleged…
Continue Reading Satcon Technology Corp. Preference Actions Update
Quantum Foods Preference Actions Update
In a prior post, we discussed the commencement of approximately 72 preference actions filed in the Quantum Foods bankruptcy proceeding by the Creditors Committee. In the preference actions at…
Continue Reading Quantum Foods Preference Actions Update
MCG Preference Actions Update
In a prior post, we discussed that a number of preference actions were filed in the MCG Limited Partnership, et al. bankruptcy proceeding by the Chapter 7 Trustee. Since…
Continue Reading MCG Preference Actions Update
Minimizing Preference Exposure (Part II) – Contemporaneous Exchanges
In this prior post, a discussion was provided in connection with requiring a company to prepay for its goods or services in order to limit potential preferential exposure. If…
Continue Reading Minimizing Preference Exposure (Part II) – Contemporaneous Exchanges
Minimizing Preference Exposure – Require Prepayment for Goods or Services
One question that clients often ask is what measures can be taken to reduce preferential exposure when dealing with a company that is sliding into financial insolvency. Under Section 547…
Continue Reading Minimizing Preference Exposure – Require Prepayment for Goods or Services
Non-Debtors Are Not The Correct Party To Bring Preference Actions
Summary
In a 14 page decision signed September 30, 2013, Judge Walsh of the Delaware Bankruptcy Court provided a primer on one of the limitations of standing provided in the…
Continue Reading Non-Debtors Are Not The Correct Party To Bring Preference Actions
Decision in AE Liquidation, Inc. Allows Preference Complaint to be Amended After the Expiration of the Statute of Limitations
Summary
In an 8 page decision signed January 6, 2012, Judge Walrath of the Delaware Bankruptcy Court allowed a plaintiff to amend a preference complaint to include additional transfers, even…
Continue Reading Decision in AE Liquidation, Inc. Allows Preference Complaint to be Amended After the Expiration of the Statute of Limitations