Legal Opinion
Devices Liquidation Trust v. KMT Wireless, LLC (In re Pers. Commc'ns Devices, LLC)
United States Bankruptcy Court, E.D. New York
Decided August 17, 2018No. Case No.: 8-13-74303-AST; Case No.: 8-13-74304-AST (Jointly Administered); Adv. Pro. No.: 8-15-08237-ASTPublishedCited by 4 opinions
1Opinion of the Court
Alan S. Trust, United States Bankruptcy Judge
By this adversary proceeding, plaintiff, Devices Liquidation Trust (the "Trust" or "Plaintiff"), seeks to recover $3,824,194.36 of alleged avoidable transfers (the "Transfers") from defendant, KMT Wireless, LLC d/b/a CynergyHitech ("KMT" or the "Defendant"). KMT seeks summary judgment on the Trust's preference claims based on an argument that it was a critical vendor of one of the Debtors and could or should have been insulated from preference liability. The Trust timely filed opposition. Because KMT has failed to establish that it is entitled to…
2Cases cited12 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Miltenberger v. Logansport Railway Co.Supreme Court of the United States · 1882
- In Re: Kiwi International Air Lines, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1037 v. The Port Authority of New York and New Jersey Simon Kimmelman, Trustee in Bankruptcy in No. 02-1038 v. Sabre Decision Technologies, Inc. Simon Kimmelman, Trustee in Bankruptcy in No. 02-1654 v. Cit Group/credit Finance, Inc. A/K/A the Cit Group, IncCourt of Appeals for the Third Circuit · 2003
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3Cited by4 opinions
- ASHINC Corporation - Adversary ProceedingUnited States Bankruptcy Court, D. Delaware · 2022
- In Re: ASHINC CorporationDistrict Court, D. Delaware · 2022
- Mazloom v. Navient Solutions, Inc.United States Bankruptcy Court, N.D. New York · 2023
- Mazloom v. Navient Solutions, Inc.United States Bankruptcy Court, N.D. New York · 2022