Defendant Seeks Dismissal Citing Wrong Address Snafu
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July 26, 2022, US Bankruptcy Court for Delaware – Willard Manufacturing, Inc. (the “Defendant”) files a motion to dismiss the claims asserted against it in the amended complaint of Alan D. Halperin, Liquidating Trustee (the “Trustee”) of the High Ridge Brands Liquidating Trust. HRB Winddown, Inc. et al. (the “Debtors”) had filed voluntary petitions under chapter 11 of the Bankruptcy Code in 2019 and obtained confirmation of their Plan to form the Liquidating Trust in October, 2020.
In his amended complaint the Trustee acknowledged that he had sued a party who had not receive the alleged transfers, LEC Customs, Inc. The Trustee then filed a new amended complaint against Willard Manufacturing to amend that mistake.
The Trustee, through his amended complaint, seeks to avoid and recover alleged “preferential” and “fraudulent” transfers against Defendant Willard Manufacturing, Inc. The Defendant was allegedly a vendor or creditor that manufactured perfumes, cosmetics and other toilet preparations to or for the Debtors.. The Trustee alleges that one or more of the Debtors made payments aggregating to an amount not less than $894,770.65 to the Defendant during the preference period.
The Defendant’s motion seeks dismissal of Plaintiff’s claims under Federal Rules 12(b)(5), for alleged insufficient service of process, and 12(b)(6), for alleged failure to state a claim upon which relief can be granted.
The Defendant cites section 546(a)(1) of the Bankruptcy Code alleging that the amended complaint was filed more than two years after the petition date. The amended complaint was allegedly filed after two years of the filing of bankruptcy petition. The Defendant claims that the Trustee is unable to avoid the transfers under sections 547 and 548 of the Bankruptcy Code because of the expiration of limitation period. Consequently, the Defendant also alleges that the Trustee failed to state a claim for recovery of alleged transfers under Bankruptcy Code § 550.
Defendant Willard Manufacturing alleges that the Trustee merely attempted to serve Defendant Willard Manufacturing where LEC Customs—not Defendant—maintains its office (in Brampton, Ontario, Canada). The Defendant therefore pleads the Court to dismiss the amended complaint under Rule 12(b)(5).
Alan D. Halperin v. Willard Manufacturing, Inc. (In re HRB Winddown Inc. et al.), AP No. 21-51361, US Bankruptcy Court for Delaware