Stores liquidating trust

Plaintiff will work with Defendant to exchange applicable information in an effort to resolve any and all factual issues with respect to potential defenses. An adversary proceeding report (APScan) of the adversary proceedings can be reviewed by clicking this link.Lead Bankruptcy Case Name (Case Number): In re Circuit City Stores, Inc.(08-35653) Petition Date: November 10, 2008 Filed in: United States Bankruptcy Court for the Eastern District of Virginia Associated Cases: The Associated Debtors are: Abbott Advertising Agency, Inc.

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(08-35659); Circuit City Properties, LLC (08-35661); Circuit City Purchasing Company, LLC (08-35657); Circuit City Stores PR, LLC (08-35660); Circuit City Stores West Coast, Inc. (08-35653); Courchevel, LLC (08-35664); Inter TAN, Inc. Siegel, as Trustee of the Circuit City Stores, Inc.

(08-35655); Kinzer Technology, LLC (08-35663); Mayland MN, LLC (08-35666); Orbyx Electronics, LLC (08-35662); Patapsco Designs, Inc. Liquidating Trust Number of Proceedings: 565 When Filed: Period starting November 5 and ending November 10, 2010 Adversary Proceeding Judge: Kevin R. Elliott Preference Period: The complaint does not identify the preference period by dates.

As previously disclosed, on November 10, 2008, Circuit City Stores, Inc.

(the "Registrant") and each of its wholly-owned United States and Puerto Rican subsidiaries (together, the "Debtors) filed voluntary petitions for reorganization relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Eastern District of Virginia (the "Bankruptcy Court").By using this site, you consent to the terms of KCC's Terms of Use and Privacy Statement regarding the use and processing of personal information, and any and all other terms that may be set forth on this site concerning the collection of personal information.If you do not agree to these terms, you should not use this site.The Court has subject-matter jurisdiction over this adversary proceeding pursuant to 28 U. On August 30, 2006, the Debtor and the Defendant entered into a Procurement and Services Agreement under which the Defendant provided steel products to the Debtor (the "Agreement"). The Court must therefore analyze the particular business relationship and course of conduct of the parties to determine whether the Preference Payments at issue here were indeed ordinary. In sum, the cases cited by the Defendant establish merely that a twelve-month lookback period may be permissible. The court in Advo-System was charged with determining whether a preferential transfer was excepted from avoidance pursuant to § 547(c)(2) despite the fact that the course of conduct of the parties varied from the objective ordinary business terms of the relevant industry. Conversely, a business relationship with a long history during which the terms of the parties' performance had not substantially changed would permit substantial deviation from the ordinary business terms of the relevant industry while remaining within the permissible bounds of § 547(c)(2). While post-BAPCPA § 547(c)(2) now excepts preferential transfers from avoidance either if they are made in the ordinary course of business or financial affairs of the debtor and the transferee or if they are made in accordance with ordinary business terms, Advo-System remains controlling with regard to the instant case. The Trustee has the sole authority to pursue claims transferred to the Trust by the Debtor through the Plan of Liquidation and to litigate objections to claims asserted against the Debtor's substantively consolidated estate.KCC's Corporate Restructuring Court Documents Search provides access to thousands of historical court documents located on KCC public access websites.

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