If your holiday to‑do list includes lights, cocoa, and some year‑end legal news, here’s a little stocking stuffer for you. In a recent decision from the United States Bankruptcy Court
Continue Reading Christmas Tree Shops: Unwrapping the Delaware Court’s Gift for Pleading the Preference Due Diligence RequirementAs bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some
Continue Reading What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?On June 15, 2017, Curtis R. Smith, as Liquidating Trustee of the Hastings Creditors’ Liquidating Trust, filed approximately 69 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent
Continue Reading Preference Actions Filed in Draw Another Circle Bankruptcy
Not uncommonly, a preference complaint fails to adequately allege that the transfers sought to be recovered by the trustee were made “for or on account of an antecedent debt owed
Continue Reading DE Bankruptcy Court Dismisses Preference Complaint Against Former Insider in Part with Prejudice
On September 7-8, 2016, various debtors in the ADI Liquidation, Inc. (f/k/a AWI Delaware, Inc.), et al. bankruptcy proceeding filed approximately 332 complaints seeking the avoidance and recovery of
Continue Reading ADI Liquidation, Inc. Avoidance Actions Filed
From May 11 to May 13, 2016, SRC Liquidation, LLC International Holdings, LLC (“Liquidating Debtor”), unleashed yet another wave of preference actions, filing approximately 257 additional complaints seeking the avoidance
Continue Reading Another Wave of Standard Register Company Preference Actions Filed
On May 5, 2016, SRC Liquidation, LLC International Holdings, LLC (“Liquidating Debtor”), filed approximately 137 complaints seeking the avoidance and recovery of allegedly preferential and fraudulent transfers under Sections 547
Continue Reading Standard Register Company Preference Actions Filed
In the United States Bankruptcy Court for the District of Delaware, Peter Kravitz, as the Liquidating Trustee of the CWC Creditors Liquidating Trust, filed approximately 106 preference actions on March
Continue Reading Coldwater Creek Inc. Preference Actions Filed
On March 14, 2016, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of Simplexity, LLC, et al. (the “Debtors”) filed approximately 44 preference complaints seeking to avoid and recover
Continue Reading Simplexity, LLC Preference Actions Filed
In the month of February 2016, Charles A. Stanziale, Jr., in his capacity as the Chapter 7 Trustee of BMT-NW Acquisition, LLC (“Debtor”), filed approximately 49 preference actions seeking the
Continue Reading BMT-NW Acquisition Preference Actions Filed