UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORKOrder • April 23rd, 2024
This matter arises from the voluntary Chapter 11 bankruptcy petition of Décor Holdings Inc. and its affiliated debtors (collectively, “Debtors”). On June 10, 2022, the bankruptcy court granted summary judgment in favor of Appellee United Parcel Service, Inc. (“UPS”) and dismissed the adversary action brought by Appellant Bryan Ryniker, in his capacity as litigation administrator of the Debtors’ post-confirmation estates (“Litigation Administrator”). At a hearing held on June 6, 2022, the bankruptcy court found that the executory contract at issue between Debtors and UPS had been assumed, and therefore granted summary judgment in favor of UPS, thus barring the Litigation Administrator’s action seeking to avoid and recover certain transfers and to disallow claims. For the reasons discussed below, I affirm.