This daily APScans report covers the recent substantive filings made in the adversary proceedings brought by George L. Miller, Chapter 7 Trustee for the estate of WL Homes, LLC., et al. 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 August 01, 2015 through September 29, 2015. .
| AP No. | Ent'd (Filed) | Filed by | Defendant | Cat. | Event | WL Homes APSCANS™ | |
|---|---|---|---|---|---|---|---|
| # | |||||||
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| 11-50808 (BLS) | 067 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | X-act Finish & Trim, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50794 (BLS) | 067 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Gateway Plastering, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50793 (BLS) | 067 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Gateway Insulation, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50726 (BLS) | 055 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Kramer Trucking LLC | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50655 (BLS) | 051 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Friend Climate Control, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50642 (BLS) | 064 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Brunos Heating & Cooling, Inc | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50542 (BLS) | 053 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Trilogy Plumbing, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50535 (BLS) | 071 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Peterson Brothers Construction, Inc. | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50331 (BLS) | 072 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | Clearview Windows & Doors Inc | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50289 (BLS) | 073 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | ALM Painting, | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50256 (BLS) | 066 | 09/02/2015 14:39:07 (09/02/2015) | J. McMahon (aty) | DRI Residential Corporation, | Admin | Status Report | Status Report as to the Adversary Proceedings Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al., George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
| 11-50517 (BLS) | NaN | 08/06/2015 11:03:24 (08/06/2015) | MAS (crt) | SC Sheet Metal, Inc. | Closure | Adv Proc Closed | Adversary Case 11-50517 Closed by Deputy Clerk. (MAS) |
| 11-50517 (BLS) | 070 | 08/05/2015 18:07:23 (08/05/2015) | J. McMahon (aty) | SC Sheet Metal, Inc. | Closure | Cert of No Objection(Aty) | Certificate of No Objection to the to the Notice of Settlement as to the Adversary Proceeding against SC Sheet Metal, Inc. (Related Document(s) 69 ) Filed by George L. Miller, Chapter 7 Trustee for the Estate of WL HOMES, LLC., et al.. (McMahon, Joseph) |
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): WL Homes LLC (09-10571)
Bankruptcy Court District (Division): District of Delaware
Petition Date: On February 19, 2009 the cases were filed under Chapter 11. The cases were converted to Chapter 7 on June 5, 2009.
Associated Cases: JLH Realty & Construction, Inc.; HLH Arizona Construction, LLC; WL Texas, LP; WL Homes Texas, LLC; and Laing Texas, LLC
Plaintiff: George L. Miller, Chapter 7 Trustee for the estate of WL Homes, LLC., et al.
Number of Proceedings: 386
When Filed: January 31, 2011
Adversary Proceeding Judge: U.S. Bankruptcy Judge Brendan L. Shannon
Plaintiff's Counsel: Ciardi Ciardi & Astin (Wilmington, Delaware) Lead Attorney John D. McLaughlin, Jr.
Avoidance Period: The complaint identifies the preference period as the period "[o]n or within 90 days prior to the Petition Date".
The Complaints
The complaints are straight forward 3 count bankrutpcy preference complaints - count 1 Section 547; count 2 Section 550 (recovery); and count 3 Section 502(d) (non-payment of claims pending repayment).
The Plaintiff has taken care to plead the elements of its bankruptcy preference claim in accord with the heightened pleading standards of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). In particular, the Plaintiff includes specific factual allegations supporting its claims of the Debtors' insolvency during the preference period.
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