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Published on 6/26/2018 in the Prospect News Distressed Debt Daily.

Our Alchemy suit looks to recover more than $3.7 million from Walmart

By Caroline Salls

Pittsburgh, June 26 – Our Alchemy, LLC Chapter 7 trustee George Miller filed a lawsuit Monday against Walmart, Inc. in an attempt to recover more than $3.7 million allegedly owed by Walmart for DVDs and other media delivered before Our Alchemy’s July 1, 2016 bankruptcy filing.

According to the complaint filed with the U.S. Bankruptcy Court for the District of Delaware, Walmart has wrongfully withheld payment to Our Alchemy on account of an erroneous claim Walmart filed in Our Alchemy’s bankruptcy case related to roughly $2 million in “refundable credits” and other similar costs.

However, Miller said the agreements that govern the relationship between Our Alchemy and Walmart do not allow Walmart to claim refundable credits for the majority of the merchandise it attempted to return, and the amount Walmart is claiming in refundable credits is “grossly overstated.”

“Walmart is not entitled to the ‘refundable credits’ set forth in its bankruptcy claim, and thus is improperly holding over $3.7 million of the estate’s property,” the complaint said.

Our Alchemy is an independent film distribution company. The company filed for bankruptcy on July 1, 2016 under Chapter 7 case number 16-11596.


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