Bankruptcy Litigation to Avoid Pre-Petition Transfers By Debtors

Jeffrey H. Beck as Liquidating Trustee of the Crown Paper Liquidating Trust
Represented Jeffrey H. Beck as the liquidating trustee of the Crown Paper Liquidating Trust, in a series of adversary proceedings in the US Bankruptcy Court for the Northern District of California. The case sought to avoid millions of dollars of pre-petition transfers by the debtors. Among those matters was an adversary proceeding seeking $4 million from Imerys. The bankruptcy court entered summary judgment in favor of Imerys. Bilzin Sumberg briefed and argued the appeal in the Ninth Circuit Bankruptcy Appellate Panel, which issued a nineteen-page opinion closely following the appeal briefs on issues including res judicata, judicial estoppel, the interpretation of release provisions in the plan, and the effect of prior objections to Imerys' earlier reclamation claim. Imerys has appealed the bankruptcy appellate panel's decision to the US Court of Appeals for the Ninth Circuit where it is now pending. (It is highly unusual for a bankruptcy case to be appealed as far as the US Court of Appeals.)
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