Fortune 8 Sales & Marketing Moves for an Order Dismissing Adversary Proceeding to Recover Alleged Clawback Transfers
August 27, 2021, Northern District of Texas – Defendants Fortune 8 Sales and Marketing, Incredible International Limited, OM Construction Group Inc., Ramesh “Ricky” Pamani recently filed a motion to dismiss an adversary proceeding brought by Plaintiff, James C. Leda, as Litigation Trustee for the bankruptcy estates of Rooftop Group International Pte. Ltd., Rooftop Group USA, Inc., and Rooftop Group Services (US) Inc. for “failure to state a claim” under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
The Trustee’s complaint seeks to recover about $3.2 million in “fraudulent and preference transfers” from the aforementioned defendants under Sec. 547 &Sec. 548 of the Bankruptcy Code. Alleging that the Defendants are holding money that belongs to the Debtors’ estates in equity and good conscience, the Trustee seeks actual damages in the amount being wrongly held by Defendants.
The case is In re Rooftop Group International Pte, Ltd. et al, administered under Case 21-04039-mxm. Defendants are represented by Jackson Walker, LLP & Archer &Greiner. The Trustee is represented by the law firm of Ferguson Braswell Fraser Kubasta PC.