Bankruptcy Preference Creditor's Digest

Madoff, BLMIS SIPA Liquidation Avoidance Actions – Current 7 Day APScans

This APScans reports the substantive filings made during the immediately preceding 7 days in the adversary proceedings brought by Irving H. Picard, as trustee (the “Trustee”) for  the Liquidation of Bernard L. Madoff Investment Securities LLC.  The proceedings in which the nominal plaintiff is the Securities Investor Protection Corporation are not included in the following APScans.  Those filings all are docketed under a single case number 08-01789.  A separate APScans report for the SIPA Liquidation proceedings can be viewed by clicking this link .

SPECIAL NOTE RE BROWSER COMPATIBILITY:Microsoft's Internet Explorer will TAKE AN EXTREMELY LONG TIME TO DISPLAY large tables. Mozilla Firefox or Google Chrome are recommended browsers for APScans.

The links in this APScans are to the filings maintained by PACER. The Trustee, Irving H. Picard, has established a website for “The Madoff Recovery Initiative”. Certain of the filings by the Trustee and court orders in the Adversary Proceedings are available without charge on that website, which can be reached by clicking this link.

Related Materials:

• 02/28/2012 - Trustees Memorandum of Law in Opposition to Motions to Dismiss filed in AP No.: 10-05208 - Defendant Trotanoy Investment Company Ltd. et al - Irving H. Picard, as trustee, opposes the motions to dismiss for lack of personal jurisdiction filed by three foreign entity defendants. The Trustee daisy chains, forward and backward through "an integrated network of commonly-controlled entities", the jurisdictional expanding concepts of agency and "mere department" relationships.
• 06/03/2011 - Defendants Memorandum of Law in Support of Motion to Dismiss Complaint filed in AP No.: 10-04511 - Defendant Weithorn/Casper Associates for Selected Holdings, LLC -  Motion to dismiss all counts based on constructive fraudulent transfers under the Bankruptcy Code, with prejudice, on the ground that such Counts are barred by 11 U.S.C. § 546(e)
• 06/01/2011 - Defendant's Memorandum of Law in Support of Motion to Dismiss filed in AP No.: 10-04322 - Defendant Wiener et al -  An exploratory motion to dismiss under FRCP 12(b)(6), 8(a) and 9(b); primarily noteable for discussion of pleading requirements under fraudulent conveyance provisions in the New York Debtor and Creditor Law.
• 05/10/2011 - Defendants' Motion to Dismiss filed in AP No.: 10-05371 - Defendant L.H. Rich Companies et al -  Failure to state a claim based on "conclusory allegations as to subsequent transferees."
 
• To read a brief note on the significance of the Section 547 bankruptcy preference claims and the 548 fraudulent transfer claims, click this link.

The stated statutory grounds for the adversary proceedings are: sections 78fff(b), 78fff-1(a) and 78fff-2(c)(3) of SIPA, Sections 105(a), 502(d), 544, 547, 548(a), 550(a) and 551 of title 11 of the United States Code (the "Bankruptcy Code"), the New York Fraudulent Conveyance Act (New York Debtor and Creditor Law 270 et seq. ("DCL"))

Adversary Proceedings Overview

Back to TopBack to Top

Click on the following links to see more articles on "APScans, Bernard L. Madoff ". First Published December 9th, 2010.