Wednesday, April 9, 2014

Court Denies Frank Dlubak’s Motion to Convert and Grants Committee Authority to Pursue Affiliated Entities



Following hearings held on April 4, 2014, the Court entered an Order denying the Motion to Convert Case from Chapter 11 to Chapter 7 filed by Frank Dlubak.  In conjunction therewith, the Court also entered an Order, over the objection of Frank Dlubak, allowing the Committee to file an amended Disclosure Statement within the next thirty (30) days. 

Additionally, the Court directed the Committee to file a proposed order granting their Motion for Authority to Prosecute Avoidance Action (“Motion for Authority”).  Per the Court’s instruction, the proposed order should grant authority to the Committee to not only pursue Dlubak Glass Co. and Frank Dlubak for fraudulent transfers as described in the Motion for Authority, but also to pursue affiliated entities Greenheat, Global Ceramic Services, and Dlubak Powder Coating for similar transfers.  Upon entry of the proposed order by the Court, the Committee will have authority to file claims against those entities, which claims are estimated to be in excess of $1 million.