Adversary Proceedings
Sears Holdings has just started adversary proceedings against Lampert, ESL, Berkowitz, Fairholme, Seritage Growth Properties (SRG) and others (docket 3728). Sears claims:
Had Defendants not taken these improper and illegal actions, Sears would have had billions of dollars more to pay its third-party creditors today and would not have endured the amount of disruption, expense, and job losses resulting from its recent bankruptcy filing. This Complaint is brought to make Sears whole for these thefts of its assets and for the breaches of fiduciary duty arising from certain related-party loans.