Judge David S. Jones denied Expeditors International’s summary-judgment motion and granted Drivetrain LLC, as SunEdison’s Litigation Trust trustee, partial summary judgment on timeliness. Expeditors argued that a postpetition adequate-protection agreement required challenges to its liens and Chapter 5 claims within 120 days, but the court rejected that defense, allowing the trustee’s preference and fraudulent-transfer action—commenced in April 2019—to proceed. Midpage’s published decision is dated July 31, 2026.
The court also declined to resolve Expeditors’ alternative defense that carrier, maritime, replacement and warehouse liens made it fully secured and therefore insulated the prepetition payments from preference recovery. Disputes remain over the ownership, quantity and value of warehouse and in-transit collateral, including inventory transferred between SunEdison debtor entities. The ruling fixes no liability or recovery amount, but it removes the limitations defense and leaves Expeditors’ secured-creditor theory for further adjudication, preserving a potential recovery source for the post-confirmation trust.
Loading defined terms…