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Published on 6/21/2011 in the Prospect News Distressed Debt Daily.

Eastwind Maritime trustee eyes $4 million settlement as the result of preferential transfers

By Lisa Kerner

Charlotte, N.C., June 21 - Eastwind Maritime Inc.'s Chapter 7 trustee Salvatore LaMonica filed a complaint against Merlin Petroleum Co. Inc. seeking monetary damages, according to a Tuesday filing with the U.S. Bankruptcy Court for the Southern District of New York.

Eastwind made two transfers of property to Merlin within 90 days of Eastwind's filing for bankruptcy, the trustee said.

The debtor transferred its property in the amount of about $2.13 million to Merlin on or about April 9, 2009 and in the amount of about $42,000 on or about May 20, 2009.

LaMonica requested the return of the sums from Merlin, an Eastwind creditor at the time the preferential transfers were made.

The trustee is seeking relief in his first claim for $2,169,146.60, plus interest, attorneys' fees and costs.

In his second claim, LaMonica is seeking relief in the amount of $2,169,146.60, plus attorneys' fees and costs.

Eastwind Maritime, a Marshall Islands-based shipping company, filed for bankruptcy on June 24, 2009. Its Chapter 7 case number is 09-14014.


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