A Florida Court Grants a Defendant Motion to Dismiss a Debtor’s Complaint to Avoid a Foreclosure Sale as a Preference
The Court ruled that the foreclosure sale could not be avoided as a preferential transfer.
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A Delaware Court Grants D&M Holdings’ Motion For Summary Judgment in Part
The Court granted Defendant D&M Holdings US Inc.'s motion for summary judgment in part and denied in part.
An Affirmative Defense May Not Be Used to Dismiss a Plaintiff’s Complaint Under Fed. R. Civ. P. 12(b)(6)
he United States Bankruptcy Court for District of Delaware granted Defendant Quinn Emanuel Urquhart & Sullivan, LLP's motion to dismiss the Insys Liquidating Trustee's complaint in part and denied in part.
Mississippi Bankruptcy Court – Core Claims To Remain With Court, Non-Core Claims Must Be Arbitrated
The Court denied the Defendants' motion to stay and compel Counts I through V and granted Counts VI through XII pending a ruling from the arbitrator.
Lack of Fraudulent Intent in Receiving Transfers – A Trustee’s Motion Denied in Part
The Court granted the Trustee's motion as to the fact that Defendant was the recipient of the fraudulent transfers and denied as to the issue of whether Defendant had fraudulent intent in receiving those transfers.
Reasonable Financial Controls At Arms’ Length Do Not Transform a Lender Into An Insider
The Court dismissed the Trustee's fraudulent and preference transfer claim.
New Article : Navigating Preference Actions in Retail Industry Restructurings
Navigating Preference Actions in Retail Industry Restructurings (Authors: Colin Adams and Michael A. Cohen)
A Plaintiff’s Complaint Was Not an Impermissible Shotgun Pleading
Although the complaint was unnecessarily lengthy, the Court ruled that it was clear enough to understand the factual allegations.
No Credible Evidence of Fraud, Judgment Entered in Favor of a Defendant
The Court held that the evidence did not paint the picture of intentional or reckless behavior as alleged by the Plaintiffs.
Amended Complaint is Timely If the Original Complaint is Filed Before a Two-Year Expiration Period
The bankruptcy court denied Defendant's motion to dismiss and found that the Debtor's amended complaint was timely filed.
