Free Amended Complaint - District Court of Delaware - Delaware

Case 1 :04-cv-01026-KAJ Document 52 Filed O4/O3/2006 Page 1 of 4
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE:
NATIONSRENT, INC., ET AL.,l CASE NOS. O1-11628 TI—IROUoI—I O1-1 1639 (PJ W)
JOINTLY ADMINISTERED
DEBTORS. CHAPTER: 11
NATIONSRENT UNSECURED CREDITORS’
LIQUIDATING TRUST, PERRY MANDARINO,
NOT PERSONALLY, BUT AS TRUSTEE
CASE N0. 04-CV- 1026 (KAJ)
PLAINTIFF,
V.
CLARK EQUIPMENT COMPANY D/B/A BOBCAT
COMPANY AND INGERSOLL—RAND COMPANY,
DEPENDANTS.
AMENDED ADVERSARY COMPLAINT To AVOID AND RECOVER
PREFERENTIAL TRANSFERS PURSUANT TO 11 U.S.C. §§ 547 AND 550
The NationsRent Unsecured Creditors’ Liquidating Trust, Perry
Mandarino, not personally, but as Trustee (the "Plaintiff"), by and through his attorneys,
as and for his amended complaint to avoid and recover preferential transfers against
defendants, Clark Equipment Company d/b/a Bobcat Company and Ingersoll-Rand
Company (collectively, the "Defendants"), alleges upon knowledge, information and
belief as follows:
I Nati0nsRent USA, Inc., NationsRent Transportation Services, Inc., NR Delaware, Inc., NRGP, Inc.,
NationsRent West, Inc., Logan Equipment Corp., NR Dealer, Inc., NR Franchise Company, Inc.,
NationsRent of Texas, LP, and NationsRent of Indiana, LP
Gl l526vl

Case 1:04-cv—O1026—KAJ Document 52 Filed O4/O3/2006 Page 2 of 4
INTRODUCTION
1. On December 17, 2001 (the "Petition Date"), NationsRent, Inc., a
Delaware Corporation, and certain of its direct and indirect affiliates thereof (collectively,
the "Debtors"), tiled petitions for relief under chapter 11 of the Bankruptcy Code in the
United States Bankruptcy Court for the District of Delaware ("Court").
2. On May 14, 2003, the Court approved the First Amended Joint Plan of
Reorganization of NationsRent, Inc., and its Debtor subsidiaries ("Plan").
3. Pursuant to the Plan, a trust ("Trust") was created to, among other things,
pursue avoidance actions on behalf of the Debtors’ general unsecured creditors. Perry
l\/landarino was appointed the Trustee ofthe Trust.
4. Ingersoll—Rand Company is a corporation which maintains a business
address at 200 Chestnut Ridge Road, Woodcliff Lake, NJ 07677—7703. Clark Equipment
Company d/b/a Bobcat Company is a corporation which maintains a mailing address at
250 East Beaton Drive, West Fargo, ND 58078.
J URISDICTION AND VENUE
5. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 157
and 1334. This matter is a core proceeding pursuant to 28 U.S.C. §157(b)(2)(F).
6. Venue of this adversary proceeding in this District is proper pursuant to 28
U.S.C. §1409.
7. This matter arises under 11 U.S.C. §§547 and 550.
°"”°"‘ 2

Case 1:04-cv—O1026—KAJ Document 52 Filed O4/O3/2006 Page 3 of 4
Counr I
AVOIDANCE OF PREFERENTIAL TRANSFERS
8. Plaintiff repeats and realleges paragraphs 1-7 as if fully set forth herein.
9. Within 90 days of the Petition Date, the Debtors made transfers (the
"Transfers") to one or more of the Defendants. The Transfers are itemized on Exhibit
‘°A," a copy of which is attached hereto and incorporated herein by reference.
10. The Transfers made by the Debtors constitute transfers of an interest of the
Debtors in property to or for the benefit of the Defendants.
ll. The Transfers were for or on account of antecedent debts owed by the
Debtors to the Defendants before the Transfers were made.
12. The Transfers were made while the Debtors were insolvent.
13. As a result of the Transfers, the Defendants received more than they
would receive if: (a) the case was a case under Chapter 7 of the Bankruptcy Code; (b)
the Transfers had not been made; and (c) they received payment of such debt to the
extent provided by the provisions of Title 11.
14. After crediting Defendants for the new value given to the Debtors within
90 days of the Petition Date, the amount of the Transfers made by the Debtors to
Defendants which are avoidable pursuant to ll U.S.C. §547(b) is $120,94800.
15. By reason of the foregoing, the Transfers made by the Debtors to the
Defendants, net of the new value provided, are avoidable and recoverable by Plaintiff
pursuant to ll U.S.C. §§ 547(b) and 550.

Case 1:04-cv—O1026—KAJ Document 52 Filed O4/O3/2006 Page 4 of 4
WHEREFORE, Plaintiff requests the entry of judgment against Defendants (a)
avoiding the aforementioned Transfers net of new value pursuant to ll U.S.C. § 547; (b)
directing Defendants to, pursuant to ll U.S.C. § 550, immediately pay Plaintiff the sum
of $120,948.00 together with pre- and post—judgment interest thereon; (c) awarding to
Plaintiff costs, expenses and reasonable attorneys' fees as to which the Court finds are
appropriate; and (d) granting such other and further relief as the Court deems just and
equitable.
Dated: April 3, 2006 THE BAYARD FIRM
Neil B. Glass an, Esq. (No. 087) A
Ashley B. St` er (No. 3891)
Mary E. Augustine (No. `4 )
222 Delaware Avenue, Suite 900
Wilmington, Delaware 19801
Telephone: (302) 655—5000
Attorneys for Perry Mczndczrino,
' Trustee ofthe Nationslient Unsecured
Creditors ’ Liquidatirzg Trust
611526vl 4