George L. Miller (Trustee)

Earlier this week, George L. Miller, the chapter 7 trustee (the “Trustee”) in the Moll Industries bankruptcy, began filng complaints seeking to avoid and recover what the Trustee alleges are avoidable transfers, or preference payments, from various third parties.  For those unfamiliar with Moll Industries, the company filed a chapter 11 petition for bankruptcy in…

On August 7,  2009, Meridian Automotive Systems (“Meridian”) filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code.  Soon after Meridian filed its petition for bankruptcy, the Office of the United States Trustee appointed George L. Miller to serve as the chapter 7 trustee (the “Trustee”) for the Meridian bankruptcy…

Summary

In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the “Opinion”).

Background

Tweeter Opco, LLC and its affiliates (the “Debtors”), filed voluntary petitions for…

Introduction

Earlier this month, George L. Miller, the chapter 7 trustee (the “Trustee”) in the GRA Liquidation bankruptcy proceeding began filing preference complaints against various defendants.  For those not familiar with the GRA Liquidation bankruptcy, Debtor Pecus ARG Holding, Inc. and certain affiliated companies (the “Debtors”) filed chapter 11 petitions for bankruptcy with the Delaware…

Introduction

In January of this year, George L. Miller, the chapter 7 trustee (the “Trustee”) in the WL Homes bankruptcy, began filing avoidance actions against various creditors.  As alleged in the complaints, the Trustee seeks the recovery of what he deems are “preferential transfers” pursuant to 11 U.S.C. section 547(b) of the Bankruptcy Code.  This…

Introduction

Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent.  Section 548 provides, in relevant part, as follows:

(a)(1)  The trustee may avoid any transfer … of an interest of the debtor in property, or any obligation … incurred by the debtor, that…