Beginning on October 28, 2008, Dura Automotive Systems filed approximately 170 avoidance actions pursuant to section 547(b) of the United States Bankruptcy Code. Dura Automotive, along with its related entities, filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on October 30, 2006. The Debtors filed an initial plan of reorganization in August of 2007, however, a revised joint plan was not confirmed until May of 2008.
Pursuant to the plan of reorganization, the preference actions stayed with the reorganized Debtors. The preferences actions, along with the main case, are before the Honorable Kevin J. Carey, Chief Judge of the Delaware Bankruptcy Court.
Click here to read one of the Dura Automotive preference complaints.
To review a form scheduling order often used in Delaware preference actions, click here.