Moon Group, Inc. - Preference and Fraudulent Transfer Defense Lawyer
The Debtors in these chapter 7 cases, are as follows: Moon Group, Inc.; Moon Landscaping, Inc.; Moon Site Management, Inc.; and Moon Nurseries, Inc. The chapter 7 cases of Rickert Landscaping, Inc. and Moon Wholesale, Inc. were closed, and a final decree entered, on November 22, 2022 and February 14, 2023, respectively.
The bankruptcy case and these adversary actions are before the Honorable Judge J. Kate Stickles.
On August 30, 2021, the Office of the United States Trustee appointed an Official Committee of Unsecured Creditors, however, on February 24, 2022, the United States Trustee disbanded the Committee.
On February 9, 2022, the Court entered an Order Regarding Debtor’s Motion Converting Chapter 11 Cases to Cases Under Chapter 7 for Moon Group, Inc. [Case No. 21-11140 (JKS)], Moon Landscaping, Inc. [Case No. 21-11141(JKS)], Moon Site Management, Inc. [Case No. 21-11143 (JKS)], Moon Wholesale, Inc. [Case No. 21-11144 (JKS)], and Rickert Landscaping, Inc. [Case No. 21-11145 (JKS)], which converted those specific cases to cases under chapter 7 effective as of February 11, 2022 at 5:00 p.m. (ET).
On March 22, 2022, the Court converted the remaining chapter 11 case of Moon Nurseries, Inc. [Case No. 21-11142 (JKS)] to a case under Chapter 7 of the Bankruptcy Code.
On February 16, 2022, the Office of the United States Trustee appointed Don A. Beskrone to serve as the Chapter 7 Trustee in the cases of Moon Group, Inc. [Case No. 21-11140 (JKS)], Moon Landscaping, Inc. [Case No. 21-11141(JKS)], Moon Site Management, Inc. [Case No. 21-11143 (JKS)], Moon Wholesale, Inc. [Case No. 21-11144 (JKS)], and Rickert Landscaping, Inc. [Case No. 21-11145 (JKS)] and, on March 22, 2022, the United States Trustee appointed Don A. Beskrone to serve as the Chapter 7 Trustee in the Moon Nurseries case [Case No. 21-11142 (JKS)]. See Case No. 21-11145, D.I. 541 and Case No. 21-11142.
The United States Bankruptcy Code provides many affirmative defenses to preference actions, contained within Section 547(c). For example, the most common defenses that may be available to a Defendant under Section 547(c) may include:
• the transfer was a contemporaneous exchange for new value given to the debtor (i.e., the debtor received something of value in exchange for the transfer); 11 U.S.C. §547(c)(1);
• after such transfer, Defendant gave new value to or for the benefit of the debtor (i.e., the Defendant extended additional credit to the Debtor after receiving the transfer) 11 U.S.C. §547(c)(4); or
• the transfer was in payment of a debt incurred by the debtor in the ordinary course of business or financial affairs of the debtor and the recipient (i.e., Defendant made the transfer under ordinary business terms). 11 U.S.C. §547(c)(2).
For more information, see our page on Preference Defense Litigation: http://www.tobialaw.com/delaware-preference-defense-lawyer.html
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