Publish Date: 
Friday, July 28, 2017

Main Case: In re: Univita Holdings, et al., Bankr. Case No. 15-11786
Judge: Hon. Mary F. Walrath
Plaintiff:  David W. Carickhoff, Chapter 7 Trustee for of the Estates of Univita Holdigs, et al.
List of Adversary Proceedings

On July 19, 2017, David W. Carickhoff, the Chapter 7 Trustee (the “Trustee”) for Univita Holdings, et al., (the “Debtors”) commenced a preference drill, filing approximately fifty adversary proceedings pursuant to Section 547 of title 11 of the United States Code (the “Bankruptcy Code”).   The Trustee is only pleading Section 547 preference actions, and not a Section 548 fraudulent conveyance cause of action. A list of the preference actions as of the date of this posting can be found above.

On August 28, 2015 (the “Petition Date”), the twelve Debtors filed voluntary petitions under Chapter 7 of the Bankruptcy Code.  The Trustee is seeking to avoid and clawback transfers made by the Debtors to vendors and individuals in the ninety days between May 30, 2015 and August 27, 2015 (the “Preference Period”).  The Trustee has until August 28, 2017 to file additional preference actions pursuant to Section 546(a) of the Bankruptcy Code.

The substance of the Complaints reviewed thus far is bare-bone pleadings, relying on the Exhibit A for specific transfer information.  Plaintiff’s Exhibit A identifies all the required information: which Debtor made the transfer, the Debtor account from which the alleged transfers were made, the payment number, payment date, clear date, exact amount of the transfer, the invoice number, the invoice amount, the amount paid, the defendant’s entity name and address.  

At this point in time, the Trustee has not filed a settlement procedures motion to streamline the Court approval of settlements. 

Summonses were issued and served contemporaneously with the filings. The Pretrial Conference for the Univita Holdings adversary proceedings is set for October 4, 2017 at 2:00 p.m. at the United States Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #4, Wilmington, Delaware.

Pachulski Stang Ziehl & Jones is prosecuting the preference drill as special counsel to the Trustee and Archer & Greiner, P.C. is serving as general bankruptcy counsel to the Trustee.

Previously, the Trustee had sent out preference demand letters to potential defendants.  On April 19, 2017 (D.N. 350) the Trustee filed his first 9019 Motion to approve 13 demand settlements, with a recovery of $419,500.00 in settlements.  On June 14, 2017 (D.N. 361) the Trustee filed his second 9019 Motion to approve an additional 13 demand settlements, with a recovery of $516,492.00 in settlements.

Defendants are required:

            a.         to file an answer to the complaint within thirty (30) days of the date of service of the Summons;

            b.         are required to obtain local Delaware counsel within thirty days (30) of filing an    answer to the complaint; and

            c.         are required to have local counsel attend the October 4, 2017 Pretrial Conference.

If your firm has been served a complaint in the Univita Holdings complaint, the law firm of Cooch and Taylor, P.A. is dedicated to representing your needs before the Bankruptcy Court in Delaware.

 

Robert Pedigo, Esq.
R. Grant Dick IV Esq.
Cooch and Taylor, P.A.
(302) 984-3832
rpedigo@coochtaylor.com
gdick@coochtaylor.com

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