Topic
Preference Actions
210 published works
In Solvency
Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
By Fox Rothschild LLP, Fox Rothschild LLP
Summary In an 11 page decision signed June 30, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a preference complaint must clearly identify…
Delaware Bankruptcy Update
Trustee in DHP Holdings Bankruptcy Files Preference Actions
Introduction In July, Alfred T. Giuliano, the Chapter 7 Trustee (the "Trustee") in the DHP Holdings ("DHP") bankruptcy proceeding began filing adversary complaints against various defendants, seeking to avoid and recover…
In Solvency
Trustee in DHP Holdings Bankruptcy Files Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction In July, Alfred T. Giuliano, the Chapter 7 Trustee (the "Trustee") in the DHP Holdings ("DHP") bankruptcy proceeding began filing adversary complaints against various defendants, seeking to avoid and recover…
In Solvency
A Closer Look at the Ultimate Acquisition Partners’ Bankruptcy
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction A couple of weeks ago, the Chapter 7 Trustee (the "Trustee"), in the Ultimate Acquisition Partners bankruptcy, began filing complaints to avoid and recover payments the Trustee alleges constitute preferential…
In Solvency
Trustee in Opus East Bankruptcy Files Preference Actions in Delaware
By Fox Rothschild LLP, Fox Rothschild LLP
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…
Delaware Bankruptcy Update
Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District…
Delaware Bankruptcy Update
Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
Summary In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal…
In Solvency
Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
Summary In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal…
In Solvency
Visteon Corporation Files Preference Actions Against Creditors
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction Last week, Visteon Corporation began filing preference complaints against hundreds of current and former creditors of the company. This post will look briefly at the nature of Visteon’s business,…
Delaware Bankruptcy Update
Visteon Corporation Files Preference Actions Against Creditors
Introduction Last week, Visteon Corporation began filing preference complaints against hundreds of current and former creditors of the company. This post will look briefly at the nature of Visteon’s business,…