Marc A. Pergament, Chapter 7 Trustee of the Estate v. Xu
Adversary Proceeding
Lead BK case is: 8:23-bk-73240
Lead BK case is: 8:23-bk-73240
| New York Eastern Bankruptcy Court | |
| Chapter 7 | |
| Judge: | Alan S Trust |
| Case #: | 8:24-ap-08067 |
| Nature of Suit | 11 Bankruptcy - Recovery of money/property - §542 turnover of property 13 Bankruptcy - Recovery of money/property - §548 fraudulent transfer |
| Case Filed: | Jun 26, 2024 |
| Last checked: never |
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Defendant
Yue Xu
31 Tinder Lane
Levittown, NY 11756 |
Represented By
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Plaintiff
Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies
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Represented By
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GPO
Sep 30 2024
Order Denying Motion for Default Judgment (RE: related document(s)4 Motion for Default Judgment, Motion for Costs/Atty Fees). Signed on 9/30/2024 (drk) |
| Docket last updated: 05/12/2025 1:08 PM EDT |
| Friday, May 09, 2025 | ||
| 21 | 21
misc
Letter
Fri 05/09 12:38 PM
Letter to Chief Judge Trust Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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| Wednesday, May 07, 2025 | ||
| 20 | 20
misc
Affidavit/Certificate of Service
Wed 05/07 10:00 AM
Affidavit/Certificate of Service Declaration of Service Filed by Marc A. Pergament on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Pergament, Marc) |
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| 19 | 19
misc
Statement
Wed 05/07 9:55 AM
Statement Certificate of No Objection Filed by Marc A. Pergament on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Pergament, Marc) |
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| Wednesday, April 16, 2025 | ||
| 18 | 18
motion
Authorize/Direct
Wed 04/16 12:53 PM
Motion to Authorize/Direct (i) modifying the terms of the Adversary Pre-Trial Scheduling Order entered in this Adversary Proceeding on March 24, 2025 pursuant to Bankruptcy Rule 9024 and Federal Rule of Civil Procedure 60(b) extending the time for the parties to complete fact discovery from April 17, 2025 to May 16, 2025; (ii) modifying the terms of the Adversary Pre-Trial Scheduling Order extending the time for the parties to request a Pre-Motion Conference for dispositive motions from April 17, 2025 to May 16, 2025; and (iii) granting such other and further relief as to this Court is just and proper. Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies. Hearing scheduled for 5/13/2025 at 10:00 AM at Courtroom 960 (Judge Trust), CI, NY. (Farina, Michael) |
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Att: 1
Application
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Att: 2
Proposed Order
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Att: 3
Affidavit of Service
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| Monday, March 24, 2025 | ||
| 17 | 17
order
Scheduling Order
Tue 03/25 9:24 AM
Adversary Pretrial Scheduling Order. Fact discovery will conclude on or before April 17, 2025; Plaintiff will provide expert disclosures and expert reports to all parties in accordance with Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, as incorporated by Rule 7026 of the Federal Rules of Bankruptcy Procedure, on or before May 3, 2025; Discovery of Plaintiffs expert(s) will conclude on or before May 17, 2025; Defendants will provide expert disclosures and expert reports to all parties in accordance with Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, as incorporated by Rule 7026 of the Federal Rules of Bankruptcy Procedure, on or before May 24, 2025; Discovery of Defendants expert(s) will conclude on or before June 11, 2025; Any party wishing to present testimony by video must file a letter requesting such appearance by no later than June 30, 2025. Any response to such request shall be due by July 8, 2025;The parties are ordered to file, on or before June 30, 2025, a Joint Pretrial Memorandum approved by all counsel and unrepresented partie . Signed on 3/24/2025. Final Pre-Trial Conference set for 7/9/2025 at 02:00 PM at Courtroom 960 (Judge Trust), CI, NY. Trial date set for 7/16/2025 at 09:30 AM at Courtroom 960 (Judge Trust), CI, NY. (drk) |
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| Tuesday, February 25, 2025 | ||
| 16 | 16
misc
Letter of Adjournment - (Do not use to adjourn 341 meetings)
Tue 02/25 1:25 PM
Letter of Adjournment: Hearing rescheduled from February 25, 2025 at 11:30 a.m. to May 13, 2025 at 11:30 a.m. Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Wed 02/26 2:43 PM
Hearing Held and Adjourned; - Appearances: Oliver Zhou, Michael Farina. Pre-Trial Conference set for 05/13/2025 at 11:30 AM at Courtroom 960 (Judge Trust), CI, NY COURT TO ISSUE TRIAL SCHEDULING ORDER (ymm) |
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| Tuesday, December 17, 2024 | ||
| 15 | 15
misc
Letter of Adjournment - (Do not use to adjourn 341 meetings)
Tue 12/17 2:43 PM
Letter of Adjournment: Hearing rescheduled from December 17, 2024 at 1:30 p.m. to February 25, 2025 at 11:30 a.m. Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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court
zMinute Entry - Hearing Held and Adjourned (Case Owned AP)
Fri 12/20 4:41 PM
Hearing Held and Adjourned; - Appearances: Michael Farina. Pre-Trial Conference set for 02/25/2025 at 11:30 AM at Courtroom 960 (Judge Trust), CI, NY LETTER OF ADJOURNMENT TO BE FILED (ymm) |
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| Wednesday, November 20, 2024 | ||
| 14 | 14
3
pgs
misc
Joint Discovery Control Plan
Wed 11/20 2:35 PM
Joint Discovery Control Plan Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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| 13 | 13
misc
Statement
Wed 11/20 2:25 PM
Statement Plaintiff's Initial Disclosures pursuant to Federal Rules of Civil Procedure 26(a)(1) Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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Att: 1
Affidavit of Service
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| 12 | 12
misc
Statement Pursuant to FRBP 7008a
Wed 11/20 2:23 PM
Statement Pursuant to FRBP 7008a Filed by Michael Farina on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Farina, Michael) |
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Att: 1
1 pgs
Affidavit of Service
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| Wednesday, October 09, 2024 | ||
| 11 | 11
court
BNC Certificate of Mailing with Application/Notice/Order
Thu 10/10 12:09 AM
BNC Certificate of Mailing with Application/Notice/Order Notice Date 10/09/2024. (Admin.) |
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| Monday, October 07, 2024 | ||
| 10 | 10
0
pgs
order
Initial Adversary Scheduling Order (Judge Trust Cases Only)
Mon 10/07 5:07 PM
Initial Adversary Scheduling Order Parties are ordered to attend a conference under FRBP 7026f on or before November 15, 2024. Joint Discovery Control Plan due by 12/3/2024. Statement Pursuant to FRBP 7008a due by 12/3/2024. Pre-Trial Conference set for 12/17/2024 at 01:30 PM at Courtroom 960 (Judge Trust), CI, NY. Signed on 10/7/2024 (ymm) |
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| Monday, September 30, 2024 | ||
| 9 | 9
order
Opinion/Decision for External Web Page
Tue 10/01 8:15 AM
Order Denying Motion for Default Judgment . Signed on 9/30/2024 (drk) |
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| Wednesday, August 21, 2024 | ||
| 8 | 8
0
pgs
answer
Affirmation in Opposition
Wed 08/21 12:25 PM
Affirmation in Opposition Filed by Oliver Zhou on behalf of Yue Xu (Zhou, Oliver) |
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Att: 1
5 pgs
Exhibit Xu Answer
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Att: 2
3 pgs
Affidavit Xu Declaration Opposing Default
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Att: 3
2 pgs
Affidavit Affirmation of Service
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| Monday, August 12, 2024 | ||
| 7 | 7
answer
Reply
Mon 08/12 5:04 PM
Reply Answer Yue Xu Filed by Oliver Zhou on behalf of Yue Xu (Zhou, Oliver) |
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Att: 1
Affidavit
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| Tuesday, August 06, 2024 | ||
| 6 | 6
misc
Affidavit/Certificate of Service
Tue 08/06 10:46 AM
Affidavit/Certificate of Service Declaration of Service Filed by Marc A. Pergament on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Pergament, Marc) |
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| 5 | 5
misc
Affidavit/Certificate of Service
Tue 08/06 10:42 AM
Affidavit/Certificate of Service Filed by Marc A. Pergament on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies (Pergament, Marc) |
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| 4 | 4
motion
Costs/Atty Fees
Tue 08/06 10:36 AM
Motion for Default Judgment pursuant to Rule 55(b) of the Federal Rules of Civil Procedure, as made applicable to this adversary proceeding by Rule 7055 of the Federal Rules of Bankruptcy Procedure, for entry of a default judgment against Defendant Yue Xu ("Defendant"): avoiding transfers made by the Debtor to the Defendant in the aggregate amount of $177,690.92 as fraudulent conveyances pursuant to 11 U.S.C. §§ 541, 542, 543, 544, 548, 550 and 551 and Rules 6009 and 7001 of the Federal Rules of Bankruptcy Procedure and § 270 et seq. of the New York Uniform Voidable Transactions Act ("UVTA") and Rule 7001(1) of the Federal Rules of Bankruptcy Procedure . Objections to be filed on 8/26/2024. Hearing on Objections, if any, will be held on: To Be Determined., Motion for Costs/Atty Fees awarding the Plaintiff attorneys' fees in the sum of $3,500.00, plus reimbursement of expenses of $375.00 . Objections to be filed on 8/26/2024. Hearing on Objections, if any, will be held on: To Be Determined Filed by Marc A. Pergament on behalf of Marc A. Pergament, Chapter 7 Trustee of the Estate of Mithra Medical Supplies Inc. a/k/a Mithra Tattoo Supplies. Order to be presented for signature on 8/30/2024. (Pergament, Marc) |
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Att: 1
Affirmation in Support
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Att: 2
Proposed Order
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Att: 3
Proposed Judgment
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Att: 4
Exhibit A
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Att: 5
Exhibit B
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| Friday, June 28, 2024 | ||
| 3 | 3
cmp
Summons Service Executed
Fri 06/28 9:40 AM
Summons Served on Yue Xu 6/28/2024 . (Pergament, Marc) |
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| Thursday, June 27, 2024 | ||
| 2 | 2
cmp
Summons In An Adversary Proceeding (Judge Trust and Judge Scarcella) (Auto)
Thu 06/27 5:01 PM
Summons In An Adversary Proceeding Issued by Clerk's Office against Yue Xu Answer Due: 7/29/2024 (caf) |
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| Wednesday, June 26, 2024 | ||
| 1 | 1
cmp
Complaint
Wed 06/26 1:29 PM
Adversary case 8 24-08067 Complaint by Marc A. Pergament against Yue Xu. Receipt Number DEFERRED, Fee Amount $350. Nature(s) of Suit: (11 (Recovery of money/property - 542 turnover of property)), (13 (Recovery of money/property - 548 fraudulent transfer)). (Pergament, Marc) |
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Att: 1
4 pgs
Exhibit A
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Att: 2
Adversary Cover Sheet
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