STATUS REPORT ON OPEN PREFERENCE ADVERSARY ACTIONS ASSIGNED TO THE HONORABLE KEVIN J. CAREY

Transcription

1 Case KJC Doc 4630 Filed 02/01/16 Page 1 of 19 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re EXIDE TECHNOLOGIES, Reorganized Debtor. 1 PETER KRAVITZ, AS GUC TRUST TRUSTEE OF THE EXIDE CREDITORS LIQUIDATING TRUST, v. DEFENDANTS LISTED BELOW, Plaintiff, Defendant. Chapter 11 Case No (KJC Adv. Pro. Nos. [See Attached Exhibit A] STATUS REPORT ON OPEN PREFERENCE ADVERSARY ACTIONS ASSIGNED TO THE HONORABLE KEVIN J. CAREY Adversary Number ABK Constructors, Inc Airgas USA, LLC Al Star Recycling, L.L.C Allegheny Towing & Salvage Company Allegheny Trucking, Inc Amax Welding and Iron Works, Inc ARE/BPD Muhlenberg Partners Aul Pipe & Tubing, Inc Baoding Fengfan Rising Battery Separator Co., Ltd Bernville Quality Fuels LLC Brehob Corporation Brenner Recycling Capital Scrap Metal, LLC Capp, Inc Car Parts Distributing, Inc. dba Clark's Tool Carmeuse Lime & Stone, Inc Cascades Inc. dba Cascades Enviropac Central Illinois Trucks, Inc. dba CIT Group, Inc Christopher Shon Cross dba S & S Pallets The last four digits of the Reorganized Debtor s taxpayer identification number are The Reorganized Debtor s corporate headquarters are located at Deerfield Parkway, Building 200, Milton, Georgia

2 Case KJC Doc 4630 Filed 02/01/16 Page 2 of 19 Adversary Number CMI International, Inc Complete Packaging Systems, Inc Craig Welding Supply Co DC Power Solutions, Inc. fdba TIMA Power Systems Deloitte Financial Advisory Services LLP ** E.N. Range, Inc Element Fleet Management dba Was Trans Lease FCS Construction, L.L.C. fdba Frisco Construction Services, L.L.C Frank Sahd Salvage Center, Inc Fromm Electric Supply Corp. of Reading, Penna. dba Fromm Electric Supply G & E Scrap Processing Company, LLC dba Maine Scrap Metal, LLC Harris Machine & Tool, Inc Harris Metals, LLC Indiana Oxygen Company Inc Industrial Metal Enterprise, Incorporated Intercon Solutions, Inc International Lead Association IRC International Recycling Center, LLC dba International Recycling Center Iron Mountain Recycling, L.L.C Jerry Wayne Walker JMC Services, Inc Landis Mechanical Group, Inc Mack Employment Services, Inc McInnes Cooper Metro Metals Corporation NCB Commodities, Inc On-Point Associates Group, Inc P&A Law Offices Private Eyes, Inc Prologika, LLC Pureworks, Inc Quest Diagnostics Incorporated R.A. Malouff, LLC dba Malouff Salvage Ramona Cudnohoski dba Mister Battery Recycling Solutions Holdings, LLC Redline Metals, Inc Rexel, Inc. dba Rexel Wholesale Rig Masters, Inc Ronatec C2C, Inc

3 Case KJC Doc 4630 Filed 02/01/16 Page 3 of 19 Adversary Number Ross Horn dba U.S. Pumps Schwartz Electric, Inc Solid Waste Services, Inc. fka J.P. Mascaro and Sons, Inc. dba Pioneer Crossing Landfill Sparks Commercial Tires, Inc Special T Metals Limited Liability Company Sweeping Beauty Cleaning Service, Inc Taba S.r.l Toshiba Machine Company, America ** Towamencin Metal Traders, Inc Uptime Technology, Inc * 68 Adversary Proceedings Plaintiff files the attached status report providing a status of the above referenced Adversary Actions. Dated: February 1, 2016 MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Erin Fay Local Delaware Counsel Robert J. Dehney (No Eric Schwartz (No Erin R. Fay (No North Market Street, Suite 1600 Wilmington, Delaware Tel: ( Fax: ( And **THE ROSNER LAW GROUP LLC Local Delaware Counsel /s/ Frederick B. Rosner Frederick B. Rosner (DE 3995 Scott J. Leonhardt (DE 4885 Julia B. Klein (DE Market Street, Suite 810 Wilmington, DE Telephone: ( rosner@teamrosner.com And -3-

4 Case KJC Doc 4630 Filed 02/01/16 Page 4 of 19 ASK LLP Joseph L. Steinfeld, Jr. Kara E. Casteel, 2600 Eagan Woods Drive, Suite 400 St. Paul, MN Telephone: ( kcasteel@askllp.com And Edward E. Neiger, Esq. Brigette G. McGrath, Esq. 151 West 46th Street, 4th Fl. New York, NY Telephone: ( Co-Counsel to the Peter Kravitz, the GUC Trust Trustee of the Exide Creditors Liquidating Trust -4-

5 Case KJC Doc 4630 Filed 02/01/16 Page 5 of 19 STATUS "A" CONTESTED PREFERENCE ACTIONS WHERE SERVICE HAS NOT BEEN COMPLETED: Adversary Number Amax Welding and Iron Works, Inc Baoding Fengfan Rising Battery Separator Co., Ltd Cascades Inc. dba Cascades Enviropac Christopher Shon Cross dba S & S Pallets Complete Packaging Systems, Inc Element Fleet Management dba Was Trans Lease International Lead Association IRC International Recycling Center, LLC dba International Recycling Center Iron Mountain Recycling, L.L.C McInnes Cooper P&A Law Offices Ronatec C2C, Inc Ross Horn dba U.S. Pumps Special T Metals Limited Liability Company Status Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Defendant is a foreign entity. Plaintiff is pursuing proper service. Defendant is a foreign entity. Plaintiff is pursuing proper service. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Defendant is a foreign entity. Plaintiff is pursuing proper service. Defendant is a foreign entity. Plaintiff is pursuing proper service. Defendant is a foreign entity. Plaintiff is pursuing proper service. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Defendant is a foreign entity. Plaintiff is pursuing proper service. Defendant is a foreign entity. Plaintiff is pursuing proper service. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. Plaintiff filed an Amended Complaint. Defendant s answer not yet due. -5-

6 Case KJC Doc 4630 Filed 02/01/16 Page 6 of 19 STATUS "A" CONTESTED PREFERENCE ACTIONS WHERE SERVICE HAS NOT BEEN COMPLETED: Taba S.r.l * 15 Adversary Proceedings Defendant is a foreign entity. Plaintiff is pursuing proper service. -6-

7 Case KJC Doc 4630 Filed 02/01/16 Page 7 of 19 STATUS "B" CONTESTED PREFERENCE ACTIONS WHERE SERVICE IS COMPLETE, BUT ANSWERS ARE STILL DUE: Adversary Number Status DC Power Solutions, Inc. fdba TIMA Power Systems NCB Commodities, Inc Parties have agreed to extend Defendant s time to answer Plaintiff s complaint. Parties have agreed to extend Defendant s time to answer Plaintiff s complaint. * 2 Adversary Proceedings -7-

8 Case KJC Doc 4630 Filed 02/01/16 Page 8 of 19 STATUS "C" CONTESTED PREFERENCE ACTIONS WHERE SERVICE IS COMPLETE, NO ANSWERS HAVE BEEN FILED. THUS, PLAINTIFF REQUESTING DEFAULT JUDGMENTS: Defendant s Name Adversary Number Status ARE/BPD Muhlenberg Partners Defendant did not answer or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. CMI International, Inc Defendant did not answer or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. Intercon Solutions, Inc Defendant did not answer or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. On-Point Associates Group, Inc Defendant did not answer or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. Pureworks, Inc Defendant did not answer or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. Recycling Solutions Holdings, LLC Defendant did not answer or otherwise respond to Plaintiff s Complaint. Plaintiff will move for entry of default judgment. Rexel, Inc. dba Rexel Wholesale Defendant did not answer or otherwise respond to Plaintiff s Amended Complaint. Plaintiff will file a motion for default judgment. Toshiba Machine Company, America Defendant did not answer or otherwise respond to Plaintiff s Complaint. Plaintiff will move for entry of default judgment. Towamencin Metal Traders, Inc Defendant did not answer -8-

9 Case KJC Doc 4630 Filed 02/01/16 Page 9 of 19 * 9 Cases STATUS "C" CONTESTED PREFERENCE ACTIONS WHERE SERVICE IS COMPLETE, NO ANSWERS HAVE BEEN FILED. THUS, PLAINTIFF REQUESTING DEFAULT JUDGMENTS: or otherwise respond to Plaintiff s Complaint. Default Judgment has been entered. -9-

10 Case KJC Doc 4630 Filed 02/01/16 Page 10 of 19 STATUS "D" PREFERENCE ACTIONS SETTLED, SETTLEMENT AGREEMENTS EXECUTED AND/OR FILED AND PLAINTIFF REQUESTING DISMISSAL OF ADVERSARY PROCEEDINGS: Adversary Number Sparks Commercial Tires, Inc Status Adversary Proceedings has settled. Plaintiff has filed a stipulation of dismissal. * 1 Adversary Proceeding -10-

11 Case KJC Doc 4630 Filed 02/01/16 Page 11 of 19 STATUS "E" PREFERENCE ACTIONS RESOLVED/SETTLED, BUT NOTICES/STIPULATIONS OF DISMISSAL CANNOT YET BE FILED: Adversary Number Deloitte Financial Advisory Services LLP Frank Sahd Salvage Center, Inc Indiana Oxygen Company Inc Industrial Metal Enterprise, Incorporated Metro Metals Corporation Private Eyes, Inc Redline Metals, Inc Status Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. Adversary Proceeding has settled. Plaintiff will file a dismissal upon receipt of the settlement funds. * 7 Adversary Proceedings -11-

12 Case KJC Doc 4630 Filed 02/01/16 Page 12 of 19 STATUS "F" CONTESTED PREFERENCE ACTIONS WHERE SERVICE IS COMPLETE, ANSWERS HAVE BEEN FILED, AND DISCOVERY/DISCLOSURES ARE ONGOING: * None Adversary Number Status -12-

13 Case KJC Doc 4630 Filed 02/01/16 Page 13 of 19 STATUS "G" CONTESTED PREFERENCE ACTIONS WHERE NOTICES OF SELECTION OF MEDIATOR HAVE BEEN FILED: Adversary Number ABK Constructors, Inc Airgas USA, LLC Al Star Recycling, L.L.C Allegheny Towing & Salvage Company Allegheny Trucking, Inc Aul Pipe & Tubing, Inc Bernville Quality Fuels LLC Brehob Corporation Brenner Recycling Capital Scrap Metal, LLC Capp, Inc Car Parts Distributing, Inc. dba Clark's Tool Carmeuse Lime & Stone, Inc Status Central Illinois Trucks, Inc. dba CIT Group, Inc Craig Welding Supply Co

14 Case KJC Doc 4630 Filed 02/01/16 Page 14 of 19 STATUS "G" CONTESTED PREFERENCE ACTIONS WHERE NOTICES OF SELECTION OF MEDIATOR HAVE BEEN FILED: E.N. Range, Inc FCS Construction, L.L.C. fdba Frisco Construction Services, L.L.C Fromm Electric Supply Corp. of Reading, Penna. dba Fromm Electric Supply G & E Scrap Processing Company, LLC dba Maine Scrap Metal, LLC Harris Machine & Tool, Inc Harris Metals, LLC JMC Services, Inc Jerry Wayne Walker Landis Mechanical Group, Inc Mack Employment Services, Inc Prologika, LLC Quest Diagnostics Incorporated R.A. Malouff, LLC dba Malouff Salvage Ramona Cudnohoski dba Mister Battery

15 Case KJC Doc 4630 Filed 02/01/16 Page 15 of 19 STATUS "G" CONTESTED PREFERENCE ACTIONS WHERE NOTICES OF SELECTION OF MEDIATOR HAVE BEEN FILED: Rig Masters, Inc Schwartz Electric, Inc Solid Waste Services, Inc. fka J.P. Mascaro and Sons, Inc. dba Pioneer Crossing Landfill Sweeping Beauty Cleaning Service, Inc Uptime Technology, Inc * 34 Adversary Proceedings -15-

16 Case KJC Doc 4630 Filed 02/01/16 Page 16 of 19 STATUS "H" CONTESTED PREFERENCE ACTIONS READY FOR TRIAL: *None Adversary Number Status -16-

17 Case KJC Doc 4630 Filed 02/01/16 Page 17 of 19 STATUS "I" CONTESTED PREFERENCE ACTIONS WHERE DISPOSITVE MOTIONS PENDING: Defendant s Name Adversary Number Status * None -17-

18 Case KJC Doc 4630 Filed 02/01/16 Page 18 of 19 STATUS "J" CASES STAYED BY THE FILING OF ANOTHER BANKRUPTCY ACTION / SUGGESTION OF BANKRUPTCY FILED OR REQUIRED * None Adversary Number Status -18-

19 Case KJC Doc 4630 Filed 02/01/16 Page 19 of 19 STATUS "K" CASES IN WHICH AN APPEAL IS PENDING *None Adversary Number Status -19-