In a prior post, we discussed the commencement of
approximately 72 preference actions filed in the Quantum Foods
bankruptcy proceeding by the Creditors Committee. In the
preference actions at issue, the Creditors Committee seeks to avoid
and recover purported preferential transfers under Sections 547 and
550 of the Bankruptcy Code, and purported fraudulent transfers
under Section 548 of the Bankruptcy Code.
Since the filing of these adversary actions, the Court has
scheduled a pretrial conference for December 9, 2014 at 2:00
p.m. The purpose of a pretrial conference, among other
things, is to enter a scheduling order to govern relevant timelines
of the litigation. It is therefore important for any
preference defendant to fully review any proposed scheduling order
in advance with counsel to determine whether such deadlines and
provisions are consistent with scheduling orders commonly entered
by the Delaware Bankruptcy Court.
