On March 14, in Giuliano v. Almond Investment (In re Carolina Fluid Handling Intermediate Holding Corp. ), 467 B.R. 743 (Bankr. D. Del. 2012), the U.S. Bankruptcy Court for the District of Delaware addressed certain issues arising from a “last-minute” filing by the debtors to include a supply contract among contracts to be assumed and assigned by the debtors. The debtors’ filing was made on the eve of an asset sale hearing and after the deadline to object to the assumption and assignment of contracts.
In his preference suit against the supplier, the Chapter 7 trustee argued the supplier’s ineligibility to avail itself of the Kiwi Air Lines defense.
