Everett
Everett v. Darrow Family Partners (In re Pacific Thomas Corp.)
Opinion
Lead Opinion
Hammond, J.
MEMORANDUM DECISION
Kyle Everett, Chapter 11 trustee (“Plaintiff’) of the bankruptcy estate, of Darrow Family Partners (“PTC” or “Debt- or”) brought this adversary proceeding to recover prepetition and postpetition transfers from Debtor’s estate, either directly or by Pacific Trading Ventures (“PTV”) to Darrow Family Partners (“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.SU. § 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 7036j 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 A matter admitted under FRCP 36 is conclusively established unless the court permits the admission to be withdrawn.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 admissions.