IN RE PERFORMANCE TRANSP. SERVICES, INC.

Bankruptcy No. 07-4746 K. Adversary Nos. 09-1108 K, 09-1190 K, 09-1244 K.

475 B.R. 5 (2012)

In re PERFORMANCE TRANSPORTATION SERVICES, INC., et al., Debtor. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff v. Ford Motor Company, Defendant. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff v. Ford Motor Company, Defendant. Mark S. Wallach, Esq., Chapter 7 Trustee of Performance Transportation Services, Inc., et al., Plaintiff v. Ford Motor Company, Defendant.

United States Bankruptcy Court, W.D. New York.

July 16, 2012.


Attorney(s) appearing for the Case

Janet G. Burhyte, Esq. , Gross, Shuman, Brizdle & Gilfillan, P.C., Buffalo, NY, for Plaintiff.

Marc N. Swanson, Esq. , Ronald A. Spinner, Esq. , Miller Canfield Paddock & Stone, PLC, MI, Kevin Tompsett, Esq. , Harris Beach PLLC, Pittsford, NY, for Ford Motor Company.


MICHAEL J. KAPLAN, Bankruptcy Judge.

As refined at oral argument, this is a motion by Defendant Ford Motor Company under Rules 12(b)(6) and 12(c) to grant "judgment on the pleadings" in two preference complaints under a very unusual fact pattern, and perhaps an unprecedented defense arising out of that fact pattern.1

The affiliated Debtors here, in the aggregate, constituted one of the largest haulers of new cars in North America...

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