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Bankruptcy Court Takes Harsh Stance Against
Trustee for Duplicative Action Against Vendor
Preference Relief
By Bradley D. Blakeley
Does a debtor get two bites at the proverbial apple,
first, by objecting to your claim and then, second, by filing a preference
action against you? No, not if the case is litigated before Judge
Lloyd King in the District of Delaware.
As a credit professional, you receive notice that one
of your customers has filed for bankruptcy. The debtor schedules
your company's claim for less than the balance owed, and you timely
file your proof of claim. Thereafter, the debtor objects to your
proof of claim, but you resolve the objection and the bankruptcy
court approves your settlement. Now, all you have to do now is wait
for your distribution check, right? That is what creditor TKA Fabco
Corp. ("TKA") thought before it was served with a preference complaint
by the liquidating trustee in In re Cambridge Industries Holdings,
Inc.
In corporate bankruptcy filings, debtors often resolve
claim objections before seeking bankruptcy court confirmation of
a plan of reorganization. Once a plan is confirmed, debtors are often
succeeded by liquidating committees, disbursing agents or other entities
that are assigned avoidance powers by the debtor and are required
to make distributions under the plan. These entities often pick through
any "assets" of the debtor to see if there are any matters worth
pursuing for the benefit of creditors, unsecured and administrative
alike. Often, especially in recent years, these postconfirmation
entities will file preference actions seeking the recovery of transfers
made by the debtor to the creditor within the ninety days preceding
the petition date. Some bankruptcy courts, such as the one in bankruptcy
case of In re Cambridge Industries Holdings, Inc., may come
to the rescue of the creditor and prevent that creditor's claim from
being relitigated, if it was previously resolved through a claim
objection.
In In re Cambridge Industries Holdings, Inc.,
TKA timely filed its proof of claim for $173,425.63, to which the
Debtors objected. The parties resolved the claim objection and TKA
received an allowed claim for $166,672. The settlement was approved
by the bankruptcy court, and TKA received its first distribution
under the confirmed plan of reorganization. Thereafter, the Liquidating
Trustee filed a preference complaint alleging that TKA received avoidable
transfers of $91,227.
TKA filed a motion for summary judgment asserting that
the Liquidating Trustee was precluded from religating the same claim.
The bankruptcy court found that the language of 11 U.S.C. section
502(d) and principles of fairness do not permit sandbagging a creditor
by first objecting to and obtaining a stipulated order allowing the
claim in a reduced amount and, after the claim objection has been
resolved, commencing an adversary proceeding alleging that the creditor
received an avoidable preference. The court found that 11 U.S.C.
section 502(d) mandates that the resolution of the Debtor's claim
also resolves any potential preference claim by the Debtor against
TKA.
1. So next time you receive that claim objection in
the mail, it may be a blessing in disguise. If you are later the
subject of a preference action, you just might find the bankruptcy
court at your protection.
Reprinted by permission from Trade Vendor Quarterly Blakeley & Blakeley
LLP Summer 03 |
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