- 11 U.S.C.
Herzog v. Zyen LLC (In re Xyience Inc.)
Oct
28
2011
Ruling
Sanctions assessed against alleged preferential transferees due to willful bad faith discovery behavior.
Procedural posture
In an adversary complaint filed by plaintiff, a chapter 11 trustee, to recover allegedly avoidable preferential and fraudulent transfers and for damages claimed to have been caused by defendant "lenders," plaintiff sought sanctions per Fed. R. Civ. P. 37 based on defendants' failure to impose a protective "discovery hold" on business documents relating to defendants' dealings with debtor and for their admitted erasure of electronic documents.
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Court
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