Cadence Innovation LLC (the “Debtor”) is continuing to try and settle potential bankruptcy preference claims against vendors who received payments from the Debtor during the ninety (90) day period prior to the petition pate (the “Transfers). On August 28, 2009, the Debtor filed a motion for approval of its second round of bankruptcy avoidance action settlements. This round, like the first round discussed in an earlier post, demonstrates that the Debtor continues to attribute value to the 503(b)(9) administrative expense claims as well as the general unsecured claims. However, unlike the first round, several vendors in this round of settlements are making payments to the Debtors to settle the avoidance claims.  Some of these payments are substantial.

The payment to Jenoptik Laser Technologies in the following table is somewhat misleading.  Jenoptik had a claim for unpaid post-petition claims against the Debtor in the amount of 33,294.65 that is also being settled.

Vendor Name 90 Day Payments by Cadence to Vendor Cendor Potential 503(b)(9) Priority Vendors Unsecured Pre-Petition Claim Cadence Settlement Payment to Vendor Vendor Settlement Payment to Cadence
A SCHULMAN INC. $220,339.98 $40,066.41 $162,028.98    
AFTECH INC. LLC $6,369.00 $284.50 $1,734.50    
AMERIPAK $25,996.55 $13,263.21 $27,527.03    
BUTKI SAW & TOOL $180.85 $38.80 $38.80    
CREATEC $5,519.84 $1,379.96 $1,379.96    
FOSS MANUFACTURING-NH $160,896.74 $21,890.26 $47,812.56   $34,124.20
JENOPTIK LASER TECHNOLOGIES $128,900.01 $ – $10,157.21 $30,927.00  
MISC MICHIGAN INDUSTRIAL $125,819.30 $ – $25,395.00    
MULTIBASE $286,182.23 $ – $ –   $50,000.00
NATIONWIDE CONSTRUCTION GROUP $14,837.00 $ – $4,894.00   $9,100.00
PIOLAX CORPORATION $195,983.37 $64,272.32 $143,945.24    
SALGA INC. $82,573.72 $10,226.12 $34,622.62   $142.25
SATTERLUND SUPPLY CO $3,230.06 $4,543.49 $5,518.50    
SERVTEK MILLICRON $27,893.95 $9,832.73 $26,165.45 $804.13  
SHUMAN PLASTICS $42,400.00 $3,950.00 $13,750.00    
SPENCER OIL CO $38,100.79 $7,844.00 $25,424.11    
TENIBAC GRAPHION INC $33,065.00 $ – $82,515.00    
TERMAX CORPORATION $195,698.82 $51,408.04 $146,531.40    
TINNERMAN PALNUT ENG PRODUCTS $144,757.94 $54,184.57 $114,678.71   $682.64