Everett
Everett v. Thomas Capital Investments (In re Pacific Thomas Corp.)
Opinion
Lead Opinion
Hammond, J.
MEMORANDUM DECISION
Kyle Everett, Chapter 11 trustee (“Plaintiff’) of the bankruptcy estate of Pacific Thomas Corporation (“PTC” or “Debtor”) brought this adversaiy proceeding to recover prepetition and postpetition transfers from Debtor’s estate, either directly or by Pacific Trading Ventares (“PTV”) to Thomas Capital Investments (“Defendant”).
' -This court has -jurisdiction pursuant to 28 U.S.C. § 1334 . Avoidance is sought pursuant to Bankruptcy Code 1 §§ 547(b), 549 and 548(a). These are core proceedings pursuant to 28 U.S.C. § 157 (b)(2)(F) and (H). The Plaintiff and Defendant expressly consented to entry of a final order by this court in the complaint and answer, respectively.
During discovery, the Plaintiff served Defendant with interrogatories, requests for production of documents, and requests for admissions'. Defendant - acknowledged receipt of the discovery requests -but failed to respond. Pursuant to FRCP -36(a)(3), made applicable by FRBP 7036, the requests for admission are admitted. A matter admitted under FRCP 36 is conclusively established unless the court permits the admission to be withdrawn. FRCP 36(b). Defendant did not- file a motion to withdraw its…