On March 8, 2011, George L. Miller, in his capacity as Chapter 7 Trustee in the Indalex Holdings Finance, Inc. Bankruptcy, commenced Chapter 5 preferential transfer recovery litigation with the filing of complaints in the United States Bankruptcy Court for the District of Delaware. Starting in February, the Trustee sent out approximately 300 demand letters so the number of preference complaints ultimately filed should be less than that number. With the statute of limitations not expiring until March 20, 2011, the trustee still has plenty of time to file claims he is unable to resolve. For defense counsel, a major challenge will be to assess the potential impact on the value of preference defendants’ Section 502(h) claims in the event of a substantial recovery in the Trustee’s pending litigation against Sun Capital Partners et. al.
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): IH 1, Inc. f/k/a Indalex Holdings Finance, Inc. (09-10982)
Petition Date: Petitions under Chapter 11 were filed on March 20, 2009; the cases were converted to Chapter 7 effective October 30, 2009
Filed in: United States Bankruptcy Court for the District of Delaware
Associated Cases: IH 1, Inc., f/k/a Indalex Holdings Finance, Inc.; IH 2, Inc. f/k/a Indalex, Inc.; IH 3, Inc. f/k/a Indalex Holding Corp.; IH 4, Inc. f/k/a Caradon Lebanon, Inc.; and IH 5, Inc. f/k/a Dolton Aluminum Company, Inc.,
Plaintiff: George L. Miller, in his capacity as Chapter 7 Trustee of the bankruptcy estates of IH 1, Inc., IH 2, Inc., IH 3, Inc., IH 4, Inc., and/or IH 5, Inc.
Number of Proceedings: 238
When Filed: March 7, 2011
Adversary Proceeding Judge: Peter J. Walsh
Plaintiff's Counsel: Dilworth Paxson LLP (Philadelphia, PA), Lead attorney Jennifer L. Maleski
Avoidance Period: The complaint identifies the preference period as the period "within the 90-day period immediately preceding the Petition Date... ."
Related Materials:
- CDDJ APScans Report of Complaints, Dismissals, Defaults and Judgments in the IH 1, Inc. f/k/a Indalex Holdings Finance, Inc. Bankruptcy Preferential Transfer Recovery Adversary Proceedings
- To see a current APScans report of substantive filings made in the last 7 days, click this link.
- Sample Complaint in the IH 1, Inc. f/k/a Indalex Holdings Finance, Inc. Bankruptcy Adversary Proceedings