As detailed in this previous post, the Liquidating Trustee appointed to prosecute preference actions in the RadioShack bankruptcy proceeding filed approximately 383 preference actions in late October and early November of this year. Through these complaints, the Liquidating Trustee seeks to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and to disallow claims pursuant to Section 502(d).
Since the filing of these actions, a pretrial conference for these actions has been scheduled. The pretrial conference is set for December 16, 2015 at 11:00 AM to be held at the United States Bankruptcy Court, 824 Market St., 6th Fl., Courtroom #1, Wilmington, Delaware. Moreover, the Liquidating Trustee filed a Motion for Orders Establishing Streamlined Procedures Governing Adversary Proceedings, which will impact among other things various procedural aspects of the case. The deadline to object to this motion is Monday, November 30, 2015 at 4:00 p.m. (ET).
At a pretrial conference, the Court will enter a scheduling order governing the pending preference actions. This order will generally include deadlines to issue discovery, take depositions, file dispositive motions, along with the scheduling of trial and other relevant dates. A template scheduling order that has been approved by the Court can be found on the Court’s website, or by clicking here.
Carl D. Neff is a partner with the law firm of Fox Rothschild LLP. Carl is admitted in Delaware and regularly practices before the United States Bankruptcy Court for the District of Delaware. You can reach Carl at (302) 622-4272 or at firstname.lastname@example.org.