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Midway Games Inc. – Current 7 Day APScans of Transfer Avoidance Adversary Proceedings
This APScans reports the substantive filings made during the immediately preceding 7 days in the Midway Games Inc. adversary proceedings for recovery of preferential transfers under section 547 of the Bankruptcy Code (bankruptcy preferences). The adversary proceedings were brought by Buchwald Capital Advisors LLC as Liquidating Trustee for the liquidating trust of Midway Games Inc., et al.
Related Materials:
Theories of Recovery: These tranfer avoidance actions are unique in their use against trade creditors of a Section 548 Fraudulent Transfer count; and two counts under the Delaware Fraudulent Transfer Act Sections 1304, 1305, 1307 and 1308 using the bootstrap provision of Bankruptcy Code Section 544. These fraudulent transfer counts are based on a factually bare assertion that "The Debtors received less than reasonably equivalent value in exchange for the Fraudulent Transfers." While the counts based on fraudulent transfers are difficult to win against unaffiliated trade creditors (who likely provided reasonably equivalent value for the payments received), the inclusion of these counts can run up the cost of defense.
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): Midway Games Inc. (09-10465)
Petition Date: February 12, 2009
Filed in: United States Bankruptcy Court for the District of Delaware
Associated Cases: The Associated Debtors are: Midway Games Inc., Midway Home Entertainment Inc., Midway Amusement Games, LLC, Midway Interactive Inc., Surreal Software Inc., Midway Studios - Austin Inc., Midway Studios - Los Angeles Inc., Midway Games West Inc., Midway Home Studios Inc., and Midway Sales Company, LLC
Plaintiff: Buchwald Capital Advisors LLC as Liquidating Trustee for the liquidating trust of Midway Games Inc., et al.
Number of Proceedings: 128 as of February 7, 2011
When Filed: 41 adversary complaints were filed on February 2-3, 2011; 30 were filed January 3-4, 2011; 32 adversary complants were filed on August 18-20, 2010; 4 were filed on September 7, 2010; 21 were filed on December 30, 2010
Adversary Proceeding Judge: Kevin Gross
Plaintiff's Counsel: Neiger LLP (New York, New York) through its attorneys Edward E. Neiger, Esq. and Jonathan S. Bodner, Esq. and Stevens & Lee, P.C. (Wilmington, Delaware) through its attorney John D. Demmy
Avoidance Period: The complaint identifies the preference period as "the ninety (90) days prior to the Petition Date". The complaint also identifies the period for recovery of fraudulent transfers under Section 548 as 2 years and provides factual allegations supporting the allegation of insolvency during that 2 year period.
Instructions: Click this link to for instructions on how to use APScans’ sorting/filtering features and use of docket links.
Pre-Applied Filters: The following filings are not included in the current "7 Day" 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.
Terms of Use: Use of APScans is subject to this website’s Terms of Use.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.
This APScans is updated daily. This APScans covers the period from April 01, 2012 through May 17, 2012.
| AP # | Doc. | Filed | Entered | Defendant | Category | Event | Midway Games Inc. APSCANS™ Docket-Text |
|---|---|---|---|---|---|---|---|
| © 2011 Burbage & Weddell LLC All Rights Reserved. Use of APSCANS is subject to www.burbageweddell.com Terms of Use. APSCANS™ is a trademark of Burbage & Weddell LLC | |||||||
| 10-52996 KG | NaN | 05/10/2012 | 05/10/2012 11:24:55 | Access One, Inc. | Dismissal | Adv Proc Closed | Adversary Case #10-52996 Closed by Deputy Clerk. (TAS) |
| 10-52996 KG | 018 | 05/09/2012 | 05/09/2012 14:06:57 | Access One, Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-52697 KG | NaN | 05/07/2012 | 05/07/2012 12:18:11 | Farsight Technologies, Inc. | Dismissal | Adv Proc Closed | Adversary Case #10-52697 Closed by Deputy Clerk. (TAS) |
| 10-52700 KG | NaN | 05/07/2012 | 05/07/2012 11:58:54 | Fedex Corporation | Dismissal | Adv Proc Closed | Adversary Case #10-52700 Closed by Deputy Clerk. (TAS) |
| 10-52697 KG | 025 | 05/04/2012 | 05/04/2012 11:42:27 | Farsight Technologies, Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-52700 KG | 020 | 05/04/2012 | 05/04/2012 11:37:35 | Fedex Corporation | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56234 KG | NaN | 05/03/2012 | 05/03/2012 11:16:17 | Imagine! Print Solutions Inc. | Dismissal | Adv Proc Closed | Adversary Case #10-56234 Closed by Deputy Clerk. (TAS) |
| 10-56234 KG | 021 | 05/02/2012 | 05/02/2012 10:45:51 | Imagine! Print Solutions Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56236 KG | 025 | 05/01/2012 | 05/01/2012 15:00:29 | Kelmscott Communications | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et. al.. (Demmy, John) |
| 10-56224 KG | 017 | 05/01/2012 | 05/01/2012 15:00:29 | Click and Mortar | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et. al.. (Demmy, John) |
| 11-50027 KG | NaN | 05/01/2012 | 05/01/2012 10:59:31 | Trevco Inc. | Dismissal | Adv Proc Closed | Adversary Case #11-50027 Closed by Deputy Clerk. (TAS) |
| 11-50027 KG | 020 | 04/30/2012 | 04/30/2012 16:11:48 | Trevco Inc. | Dismissal | Notice-Dismissal | Notice of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al., (Demmy, John) |
| 10-56234 KG | 020 | 04/26/2012 | 04/26/2012 10:20:24 | Imagine! Print Solutions Inc. | Dismissal | Withdrawal of Document - Notice | Notice of Withdrawal of Notice of Dismissal (Related Document(s) 19 ) Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al., (Demmy, John) |
| 11-50353 KG | 016 | 04/25/2012 | 04/25/2012 10:35:23 | EnPointe Technologies, Inc. | Admin | Notice and Order of Request for Status Report | Notice and Order of Request for Status Report with Certificate of Service. Signed on 4/25/2012. (TAS) |
| 10-56227 KG | NaN | 04/19/2012 | 04/19/2012 10:09:16 | Ditan/Synergex Canada Inc. | Dismissal | Adv Proc Closed | Adversary Case #10-56227 Closed by Deputy Clerk. (TAS) |
| 10-56225 KG | NaN | 04/19/2012 | 04/19/2012 09:45:17 | Coast to Coast Talent Group Inc. | Dismissal | Adv Proc Closed | Adversary Case #10-56225 Closed by Deputy Clerk. (TAS) |
| 11-50382 KG | NaN | 04/19/2012 | 04/19/2012 09:43:03 | Sungard Availability Services, Inc. et al | Dismissal | Adv Proc Closed | Adversary Case #11-50382 Closed by Deputy Clerk. (TAS) |
| 11-50384 KG | NaN | 04/19/2012 | 04/19/2012 09:40:35 | Thomson West, Inc. | Dismissal | Adv Proc Closed | Adversary Case #11-50384 Closed by Deputy Clerk. (TAS) |
| 11-50382 KG | 023 | 04/18/2012 | 04/18/2012 15:55:26 | Sungard Availability Services, Inc. et al | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56225 KG | 015 | 04/18/2012 | 04/18/2012 13:00:43 | Coast to Coast Talent Group Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 11-50384 KG | 014 | 04/18/2012 | 04/18/2012 12:58:32 | Thomson West, Inc. | Dismissal | Stipulation-Dismissal | Stipulation of Dismissal Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56227 KG | 017 | 04/17/2012 | 04/17/2012 16:40:47 | Ditan/Synergex Canada Inc. | Motion(Dsp) | Order | Memorandum Order Granting Defendants Motion to Dismiss the Complaint and Denying Liquidating Trustees Request for Oral Argument (Related Document(s) 6 , 10 ) Order Signed on 4/17/2012. (LJH) |
| 10-52700 KG | 019 | 04/17/2012 | 04/17/2012 16:06:43 | Fedex Corporation | Admin | Substitution of Counsel- Notice | Notice of Substitution of Counsel Filed by Fedex Corporation (Attachments: # (1) Certificate of Service) (Moh, Cynthia) |
| 11-50345 KG | 014 | 04/11/2012 | 04/11/2012 12:17:50 | Chicago HD Corp. | 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. (TAS) |
| 11-50009 KG | 014 | 04/11/2012 | 04/11/2012 11:51:19 | Partly Cloudy Games, LLC | 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. (TAS) |
| 10-56224 KG | 016 | 04/11/2012 | 04/11/2012 11:21:50 | Click and Mortar | 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. (TAS) |
| 10-56216 KG | 020 | 04/11/2012 | 04/11/2012 11:13:55 | Alliance, a Rock-Tenn Company | 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. (TAS) |
| 11-50581 KG | 020 | 04/10/2012 | 04/10/2012 15:37:44 | Diamond Comic Distributors, Inc. | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56217 KG | 015 | 04/10/2012 | 04/10/2012 15:37:44 | American Express | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-52996 KG | 017 | 04/10/2012 | 04/10/2012 15:37:44 | Access One, Inc. | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 10-56227 KG | 016 | 04/05/2012 | 04/05/2012 14:39:51 | Ditan/Synergex Canada Inc. | Admin | Status Report | Status Report Filed by Buchwald Capital Advisors LLC, as Liquidating Trustee for the Liquidating Trust of Midway Games Inc., et al.,. (Demmy, John) |
| 11-50001 KG | NaN | 04/02/2012 | 04/02/2012 13:31:30 | Francis | Dismissal | Adv Proc Closed | Adversary Case #11-50001 Closed by Deputy Clerk. (TAS) |