Bankruptcy Preference Creditor's Digest
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AbitibiBowater Inc. – Current APScans of Bankruptcy Adversary Proceedings to Recover Preferential, Fraudulent Transfers
This daily APScans report covers the recent substantive filings in the adversary proceedings brought by Avidity Partners, LLC, as Claims Agent for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences).
Pre-Applied Filters: The following filings are not included in the "Current" APScan: certificates or affidavits of service, receipts for filing fees and other clerical matters.
Not For Individual Docket Monitoring: Pre-applied filters may eliminate important notices and certificates. A party to an adversary proceeding must not consider APScans to be a substitute for reviewing the docket of the proceeding in which it is a defendant.
This APScans is updated daily to cover filings made as of midnight on the previous day. This APScans covers filings ENTERED during the period from April 01, 2012 through May 17, 2012. .
| AP No. | Ent'd (Filed) | Filed by | Defendant | Cat. | Event | AbitibiBowater Inc. APSCANS™ | |
|---|---|---|---|---|---|---|---|
| # | |||||||
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| 11-51761 KJC | 016 | 05/17/2012 17:25:38 (05/17/2012) | G. Finizio (ptf) | Montship Inc. | Motion | Extend - Motion | Consent Motion to Extend Time /Consent Motion and Order for Extension of Time to File Dispositive Motions (Related Document(s) 10 ) Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al., (Related Document(s) 10 ). (Finizio, GianClaudio) |
| 11-51757 KJC | 030 | 05/16/2012 17:09:24 (05/16/2012) | G. Finizio (ptf) | AP Moller-Maersk et al | Admin | Cert of Counsel | Certification of Counsel Regarding Stipulation to Extend Defendants Time to File a Responsive Pleading and Reschedule Scheduling Conference Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Exhibit I# (2) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51747 KJC | 032 | 05/16/2012 09:11:58 (05/16/2012) | W. Taylor (aty) | Canada National et al | Motion(Dsp) | Briefing Complete | Notice of Completion of Briefing. the Case Judge is Kevin J. Carey Filed by Canadian National Railway Company (Attachments: # (1) Certificate of Service) (Taylor, William) |
| 11-53196 KJC | 011 | 05/15/2012 07:42:44 (05/15/2012) | LMD (crt) | Starcom Paperworks, Inc. | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 5/15/2012. (LMD) |
| 11-51761 KJC | 015 | 05/15/2012 07:41:45 (05/15/2012) | LMD (crt) | Montship Inc. | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 5/15/2012. (LMD) |
| 11-51754 KJC | 029 | 05/15/2012 07:39:16 (05/15/2012) | LMD (crt) | GL & V Beloit-Lenox Inc. et al | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 5/15/2012. (LMD) |
| 11-51760 KJC | 029 | 05/14/2012 14:07:24 (05/14/2012) | LMD (crt) | Metso Automation et al | Order | Order-Scheduling | Order Approving Motion for Leave to Extend Time in Scheduling Order of May 25, 2011, as Extended by Orders Dated January 26, 2012 and March 16, 2012. (Related Document(s) 28 ) Order Signed on 5/14/2012. (LMD) |
| 11-51671 KJC | 031 | 05/12/2012 01:23:01 (05/11/2012) | admin (crt) | Mediterranean Shipping Co. et al | Admin | Service-BNC | BNC Certificate of Mailing. (Related Document(s) 30 ) Notice Date 05/11/2012. (Admin.) |
| 11-51760 KJC | 028 | 05/11/2012 15:10:21 (05/11/2012) | G. Finizio (ptf) | Metso Automation et al | Motion | Motion-Scheduling Order | Motion for Leave to Extend Time in Scheduling Order of May 25, 2011, as Extended by Orders Dated January 26, 2012 and March 16, 2012 Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Exhibit A# (2) Proposed Form of Order # (3) Certificate of Service) (Finizio, GianClaudio) |
| 11-51764 KJC | 019 | 05/11/2012 01:32:05 (05/10/2012) | admin (crt) | Voith Canada Inc. et al | Admin | Service-BNC | BNC Certificate of Mailing. (Related Document(s) 18 ) Notice Date 05/10/2012. (Admin.) |
| 11-51746 KJC | 027 | 05/11/2012 01:32:05 (05/10/2012) | admin (crt) | Brenntag et al | Admin | Service-BNC | BNC Certificate of Mailing. (Related Document(s) 26 ) Notice Date 05/10/2012. (Admin.) |
| 11-51671 KJC | 030 | 05/09/2012 07:16:12 (05/09/2012) | LMD (crt) | Mediterranean Shipping Co. et al | Mediation | Order Assigning Adv Proc to Mediation (Alternate) | Order Assigning Adversary Proceeding to Mediation. William Bowden is Appointed as the Mediator in this Adversary Proceeding. Trial Date Set for 10/11/2012 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Mediation Report due by 7/9/2012. Signed on 5/9/2012. (LMD) |
| 11-51747 KJC | 031 | 05/08/2012 14:42:28 (05/08/2012) | W. Taylor (aty) | Canada National et al | Motion(Dsp) | Reply | Reply in Support of Motion for Summary Judgment or for Dismissal for Failure to State a Claim upon which Relief Can be Granted (Related Document(s) 22 , 26 ) Filed by Canadian National Railway Company (Attachments: # (1) Certificate of Service) (Taylor, William) |
| 11-51764 KJC | 018 | 05/08/2012 07:24:09 (05/08/2012) | LMD (crt) | Voith Canada Inc. et al | Mediation | Order Assigning Adv Proc to Mediation (Alternate) | Order Assigning Adversary Proceeding to Mediation. David Fournier is Appointed as the Mediator in this Adversary Proceeding. Trial Date Set for 10/11/2012 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Mediation Report due by 7/9/2012. Signed on 5/8/2012. (LMD) |
| 11-51746 KJC | 026 | 05/08/2012 07:16:34 (05/08/2012) | LMD (crt) | Brenntag et al | Mediation | Order Assigning Adv Proc to Mediation (Alternate) | Order Assigning Adversary Proceeding to Mediation. William Bowden is Appointed as the Mediator in this Adversary Proceeding. Trial Date Set for 10/11/2012 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Mediation Report due by 7/9/2012. Signed on 5/8/2012. (LMD) |
| 11-51749 KJC | 009 | 04/27/2012 14:49:56 (04/27/2012) | G. Finizio (ptf) | Canadien National | Admin | Status Report | Status Report on Adversary Proceeding Filed by Avidity Partners, as Post-Effective Date Claims Agent. (Finizio, GianClaudio) |
| 11-51756 KJC | 021 | 04/26/2012 16:30:13 (04/26/2012) | KPB (crt) | Hapag-Lloyd America Inc. et al | Order | Order-Scheduling | Order Granting Motion for Leave to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 20 ) Order Signed on 4/26/2012. (KPB) |
| 11-51760 KJC | 027 | 04/26/2012 14:25:50 (04/26/2012) | LMD (crt) | Metso Automation et al | Order | Order-Scheduling | Order Granting Motion for Leave to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 26 ) Order Signed on 4/26/2012. (LMD) |
| 11-51756 KJC | 020 | 04/26/2012 12:00:59 (04/26/2012) | G. Finizio (ptf) | Hapag-Lloyd America Inc. et al | Motion | Motion-Scheduling Order | Motion for Leave (Unopposed) to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51755 KJC | 025 | 04/25/2012 15:35:59 (04/25/2012) | G. Finizio (ptf) | Hamburg Sud North America et al | Admin | Affidavit of Service | Affidavit of Service Re: Order Pursuant to Bankruptcy Rule 9019 Approving Stipulation Resolving Adversary Proceeding. (Related Document(s) 23 ) Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Finizio, GianClaudio) Modified Docket text on 4/25/2012 (LMD). |
| 11-51755 KJC | NaN | 04/25/2012 07:26:32 (04/25/2012) | LMD (crt) | Hamburg Sud North America et al | Dismissal | Adv Proc Closed | Adversary Case 11-51755 Closed by Deputy Clerk. (LMD) |
| 11-51671 KJC | 029 | 04/24/2012 17:21:57 (04/24/2012) | J. McMahon (aty) | Mediterranean Shipping Co. et al | Discovery | Notice of Service | Notice of Service of Discovery Defendants Responses and Objections to Plaintiffs First Request for Production of Documents Filed by Mediterranean Shipping, Mediterranean Shipping Co., Mediterranean Shipping Company S.A. (McMahon, Joseph) |
| 11-51755 KJC | 024 | 04/24/2012 15:31:11 (04/24/2012) | G. Finizio (ptf) | Hamburg Sud North America et al | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal (Joint) of Adversary Proceeding Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Finizio, GianClaudio) |
| 11-51760 KJC | 026 | 04/24/2012 15:20:25 (04/24/2012) | G. Finizio (ptf) | Metso Automation et al | Motion | Leave - Motion | Motion for Leave (Unopposed) to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51755 KJC | 023 | 04/24/2012 11:14:59 (04/24/2012) | NAL (crt) | Hamburg Sud North America et al | Order | Order | Order Pursuant to Bankruptcy Rule 9019 Approving Stipulation Resolving Adversary Proceeding (Related Document(s) 20 , 22 ). Order Signed on 4/24/2012. (NAL) |
| 11-51755 KJC | 022 | 04/23/2012 17:36:50 (04/23/2012) | G. Finizio (ptf) | Hamburg Sud North America et al | Misc | Cert of No Objection(Aty) | Certificate of No Objection Regarding Regarding Motion of Claims Agent Pursuant to Bankruptcy Rule 9019 Seeking Approval of Stipulation Resolving Adversary Proceeding (Related Document(s) 20 ) Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Finizio, GianClaudio) |
| 11-51757 KJC | 029 | 04/23/2012 15:56:51 (04/23/2012) | LMD (crt) | AP Moller-Maersk et al | Pleading | Answer-Extend Time to | Order Approving Stipulation to Extend Defendants Time to File a Responsive Pleading and Reschedule Scheduling Conference. (Related Document(s) 28 ) Order Signed on 4/23/2012. (LMD) |
| 11-51747 KJC | 030 | 04/23/2012 15:55:21 (04/23/2012) | LMD (crt) | Canada National et al | Motion(Dsp) | Order | Order Approving Stipulation Extending Deadline to File Reply in Support of Defendants Motion for Summary Judgment or for Dismissal for Failure to State a Claim upon which Relief Can be Granted. (Related Document(s) 26 , 29 ) Order Signed on 4/23/2012. (LMD) |
| 11-51762 KJC | 023 | 04/23/2012 15:53:08 (04/23/2012) | LMD (crt) | NYK Line et al | Order | Order-Scheduling | Order Granting Motion for Leave to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 22 ) Order Signed on 4/23/2012. (LMD) |
| 11-51744 KJC | 016 | 04/21/2012 01:22:22 (04/20/2012) | admin (crt) | ABB Inc. et al | Admin | Service-BNC | BNC Certificate of Mailing. (Related Document(s) 15 ) Notice Date 04/20/2012. (Admin.) |
| 11-51748 KJC | 013 | 04/20/2012 13:22:13 (04/20/2012) | G. Finizio (ptf) | Canadian Pacific Railway Company et al | Admin | Status Report | Status Report on Adversary Proceeding Filed by Avidity Partners, as Post-Effective Date Claims Agent. (Finizio, GianClaudio) |
| 11-51747 KJC | 029 | 04/18/2012 10:19:08 (04/18/2012) | W. Taylor (aty) | Canada National et al | Admin | Cert of Counsel | Certification of Counsel Regarding Order Approving Stipulation Extending Deadline to File Reply in Support of Defendants Motion for Summary Judgment or for Dismissal for Failure to State a Claim upon which Relief Can be Granted (Related Document(s) 26 ) Filed by Canadian National Railway Company. (Attachments: # (1) Exhibit 1# (2) Certificate of Service) (Taylor, William) |
| 11-51744 KJC | 015 | 04/18/2012 07:21:56 (04/18/2012) | LMD (crt) | ABB Inc. et al | Mediation | Order Assigning Adv Proc to Mediation (Alternate) | Order Assigning Adversary Proceeding to Mediation. William Bowden is Appointed as the Mediator in this Adversary Proceeding. Trial Date Set for 10/11/2012 at 10:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Mediation Report due by 6/18/2012. Signed on 4/18/2012. (LMD) |
| 11-51757 KJC | 028 | 04/17/2012 16:12:20 (04/17/2012) | G. Finizio (ptf) | AP Moller-Maersk et al | Admin | Cert of Counsel | Certification of Counsel Regarding Stipulation to Extend Defendants Time to File a Responsive Pleading and Reschedule Scheduling Conference Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Exhibit I# (2) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51747 KJC | 028 | 04/17/2012 15:54:17 (04/17/2012) | LMD (crt) | Canada National et al | Order | Order | Order Granting Motion for Leave to Reschedule Trial Date to Allow Parties Opportunity to Resolve Matter through Mediation. (Related Document(s) 25 ) Order Signed on 4/17/2012. (LMD) |
| 11-51762 KJC | 022 | 04/17/2012 15:26:43 (04/17/2012) | G. Finizio (ptf) | NYK Line et al | Motion | Motion-Scheduling Order | Motion for Leave (Unopposed) to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51800 KJC | 023 | 04/17/2012 15:07:38 (04/17/2012) | G. Finizio (ptf) | Texican Industrial Energy Marketing LLC | Dismissal | Approve Compromise under Rule 9019 - Motion | Motion to Approve Compromise under Rule 9019 Seeking Approval of Stipulation Resolving Adversary Proceeding Filed by Avidity Partners, as Post-Effective Date Claims Agent. Hearing Scheduled for 5/24/2012 at 01:30 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Objections due by 5/17/2012. (Finizio, GianClaudio) |
| 11-51747 KJC | 027 | 04/17/2012 14:36:49 (04/17/2012) | G. Finizio (ptf) | Canada National et al | Motion(Dsp) | Affidavit of Service | Affidavit of Service Regarding Claims Agents Opposition to Defendants Motion for Summary Judgment or for Dismissal for Failure to State a Claim upon which Relief Can be Granted. (Related Document(s) 26 ) Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Finizio, GianClaudio) Modified Docket text on 4/17/2012 (LMD). |
| 11-51664 KJC | 025 | 04/17/2012 12:45:55 (04/17/2012) | LMD (crt) | Honeywell Limited et al | Order | Order-Scheduling | Order Granting Motion for Leave to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 24 ) Order Signed on 4/17/2012. (LMD) |
| 11-51680 KJC | NaN | 04/17/2012 08:39:24 (04/17/2012) | LMD (crt) | Crete Carrier Corporation | Dismissal | Adv Proc Closed | Adversary Case 11-51680 Closed by Deputy Clerk. (LMD) |
| 11-51747 KJC | 026 | 04/16/2012 18:17:04 (04/16/2012) | G. Finizio (ptf) | Canada National et al | Motion(Dsp) | Brief--Response to Motion | Objection /Claims Agents Opposition to Defendants Motion for Summary Judgment or for Dismissal for Failure to State a Claim upon which Relief Can be Granted (Related Document(s) 22 ) Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al., (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6) (Finizio, GianClaudio) |
| 11-51664 KJC | 024 | 04/16/2012 15:49:03 (04/16/2012) | G. Finizio (ptf) | Honeywell Limited et al | Motion | Motion-Scheduling Order | Motion for Leave (Unopposed) to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51747 KJC | 025 | 04/16/2012 14:47:49 (04/16/2012) | G. Finizio (ptf) | Canada National et al | Motion | Leave - Motion | Motion for Leave (Unopposed) to Reschedule Trial Date to Allow Parties Opportunity to Resolve Matter through Mediation Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51795 KJC | 023 | 04/16/2012 12:41:24 (04/16/2012) | W. Bowden (aty) | Atmos Energy Corporation | Mediation | Settled Prior to Mediation | Mediators Certification after Appointment Indicating Parties have Settled Prior to Mediation Services being Rendered. Parties Shall File Settlement Document(s) and/or Notice of Dismissal with the Court within Fourteen (14) Days. (Bowden, William) |
| 11-51795 KJC | 022 | 04/13/2012 17:01:06 (04/13/2012) | G. Finizio (ptf) | Atmos Energy Corporation | Dismissal | Approve Compromise under Rule 9019 - Motion | Motion to Approve Compromise under Rule 9019 Seeking Approval of Stipulation Resolving Adversary Proceeding Filed by Avidity Partners, as Post-Effective Date Claims Agent. Hearing Scheduled for 5/24/2012 at 01:30 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. Objections due by 5/17/2012. (Finizio, GianClaudio) |
| 11-51749 KJC | 008 | 04/11/2012 07:34:52 (04/11/2012) | LMD (crt) | Canadien National | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 4/11/2012. (LMD) |
| 11-51748 KJC | 012 | 04/11/2012 07:32:56 (04/11/2012) | LMD (crt) | Canadian Pacific Railway Company et al | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 4/11/2012. (LMD) |
| 11-51753 KJC | 017 | 04/10/2012 10:42:35 (04/10/2012) | LMD (crt) | Gestion Forestiere Lacroix Inc. | Order | Order-Scheduling | Order Granting Motion for Leave to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 16 ) Order Signed on 4/10/2012. (LMD) |
| 11-51765 KJC | 025 | 04/10/2012 10:41:39 (04/10/2012) | LMD (crt) | Werner Enterprises, Inc. | Order | Order-Scheduling | Order Granting Motion for Leave to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 24 ) Order Signed on 4/10/2012. (LMD) |
| 11-51753 KJC | 016 | 04/09/2012 15:24:20 (04/09/2012) | G. Finizio (ptf) | Gestion Forestiere Lacroix Inc. | Motion | Leave - Motion | Motion for Leave (Unopposed) to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51765 KJC | 024 | 04/09/2012 15:10:58 (04/09/2012) | G. Finizio (ptf) | Werner Enterprises, Inc. | Motion | Leave - Motion | Motion for Leave (Unopposed) to Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51752 KJC | 038 | 04/06/2012 12:47:33 (04/06/2012) | LMD (crt) | CSXT N/A 113737 et al | Order | Order-Scheduling | Order Granting Motion for Leave to Further Extend Deadlines in Scheduling Order Entered on August 25, 2011. (Related Document(s) 37 ) Order Signed on 4/6/2012. (LMD) |
| 11-51666 KJC | 026 | 04/06/2012 10:32:23 (04/06/2012) | LMD (crt) | Dole Ocean Cargo Express | Order | Order-Scheduling | Order Granting Motion for Leave to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines. (Related Document(s) 25 ) Order Signed on 4/6/2012. (LMD) |
| 11-51752 KJC | 037 | 04/05/2012 17:25:31 (04/05/2012) | G. Finizio (ptf) | CSXT N/A 113737 et al | Motion | Motion-Scheduling Order | Motion for Leave /Unopposed Motion for Leave to Further Extend Deadlines in Scheduling Order Entered on August 25, 2011 Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Exhibit A# (2) Exhibit B# (3) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51672 KJC | NaN | 04/05/2012 14:11:16 (04/05/2012) | LMD (crt) | McAbee Construction Inc. | Dismissal | Adv Proc Closed | Adversary Case 11-51672 Closed by Deputy Clerk. (LMD) |
| 11-51666 KJC | 025 | 04/05/2012 13:20:49 (04/05/2012) | G. Finizio (ptf) | Dole Ocean Cargo Express | Motion | Motion-Scheduling Order | Motion for Leave to Extend Certain Scheduling Deadlines and Reschedule Trial Date Consistent with Amended Scheduling Order Deadlines Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Attachments: # (1) Proposed Form of Order) (Finizio, GianClaudio) |
| 11-51672 KJC | 035 | 04/05/2012 10:17:19 (04/05/2012) | G. Finizio (ptf) | McAbee Construction Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal (Joint) of Adversary Proceeding Filed by the Claims Agent for the Chapter 11 Estates of AbitibiBowater Inc., et al.,. (Finizio, GianClaudio) |
| 11-51779 KJC | NaN | 04/02/2012 16:21:45 (04/02/2012) | LMD (crt) | Crete Carrier Corporation | Dismissal | Adv Proc Closed | Adversary Case 11-51779 Closed by Deputy Clerk. (LMD) |
| 11-51779 KJC | 021 | 04/02/2012 16:18:46 (04/02/2012) | S. Greecher (ptf) | Crete Carrier Corporation | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by AbiBow Recycling LLC. (Greecher, Sean) |
Related Materials:
- CADDJ APScans Report of Complaints, Answers, Dismissals, Defaults and Judgments in the AbitibiBowater Inc. Bankruptcy Preferential Transfer Recovery Adversary Proceedings
- Sample Complaint in the AbitibiBowater Inc. Bankruptcy Adversary Proceedings
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): AbitibiBowater Inc. (09-11296)
Bankruptcy Court District (Division): District of Delaware
Petition Date: April 16, 2009 (The Petition Date for ABH LLC 1 and ABH Holding Company LLC was December 21, 2009.)
Associated Cases: AbitibiBowater Inc. , AbitibiBowater US Holding Corp. , AbitibiBowater US Holding LLC (N/A), AbitibiBowater Canada Inc. , Abitibi-Consolidated Alabama Corporation , Abitibi-Consolidated Corporation , Abitibi-Consolidated Finance LP , Abitibi Consolidated Sales Corporation , Alabama River Newsprint Company , Augusta Woodlands, LLC , Bowater Alabama LLC , Bowater America Inc. , Bowater Canada Finance Corporation , Bowater Canadian Forest Products Inc. , Bowater Canadian Holdings Incorporated , Bowater Canadian Limited , Bowater Finance Company Inc. , Bowater Finance II LLC , Bowater Incorporated , Bowater LaHave Corporation , Bowater Maritimes Inc. , Bowater Newsprint South LLC , Bowater Newsprint South Operations LLC , Bowater Nuway Inc. , Bowater Nuway Mid-States Inc. , Bowater South American Holdings Incorporated (N/A), Bowater Ventures Inc. , Catawba Property Holdings, LLC (N/A), Coosa Pines Golf Club Holdings LLC , Donohue Corp. , Lake Superior Forest Products Inc. and Tenex Data Inc. On December 21, 2009, ABH LLC 1 (2280) and ABH Holding Company LLC (2398) (the “SPV Debtors”) commenced chapter 11 cases, which cases are jointly administered with the other Debtors.
Plaintiff: Claims Agent for the Chapter 11 Estates of AbitibiBowater, Inc. (44); Debtor in Possession (16)
Number of Proceedings: 60
When Filed: Mar. 31, 2011
Adversary Proceeding Judge: Chief U.S. Bankruptcy Judge Kevin J. Carey
Plaintiff's Counsel: Bayard, P.A. (Wilmington, Delaware) through its attorneys Neil B. Glassman, Jamie L. Edmonson, GianClaudio Finizio, Daniel A. O’Brien
Avoidance Period: The complaint identifies the preference period as the period "from January 16, 2009 through April 15, 2009, which is the ninety-day period prior to the filing of the Debtors’ bankruptcy petitions".
The Complaints:
In addition to a count for avoidance of preferential transfers under Section 547, they include a count for recovery of fradulent transfers under Section 548 with a 2 year avoidance period; a count for recovery of post petition transfers under Section 549; and a count for setoff and recoupment. However, the complaints are bare of any factual allegations to support these ancillary claims, and the identification of transfers covers only the 90 day preference period under Section 547. Even the allegations as to the 90 day preference period fail to identify the antecedent debt.
These proceedings are before Judge Kevin J. Carey, who during a recent oral argument an In re HomeBanc Mortgage Corporation adversary proceeding admonised the plaintiff: "[i]t defies credibility and credulity that you would expect a Court to look at this complaint and tell me that there's anything specific in it other than the attachment which shows a handful of transfers and the dates of the transfer." Judge Carey also made clear that he would not hesitate to dismiss such complaints with prejudice, although in that particular proceeding he allowed the complaint to be amended.
This is an unregistered version of APScans. The registered user version covers the entire history of these adversary proceedings. Click this link to become a registered user. Registration is free.