05/12/2011 – Defendant’s Motion to Dismiss filed in the Sunset Aviation, Inc. Adversary Proceedings by Duquesne Aviation, Inc before Judge Peter J. Walsh in the District of Delaware. Essentially the same motion to dismiss was filed on behalf of two defendants, Duquesne Aviation, Inc and Egret Management, LLC.

This is a memorandum in support of a motion to dismiss on the grounds that, if the debtors cases are not retroactively consolidated, all of the alleged preferential transfers are outside of the preference period.  This brings to a total of 13 the motions to dismiss based on the failure of the Substantive Consolidation Order to be issued nunc pro tunc. Registered users click here to see a copy of this brief.