Home Motion Practice Osceola Board of Commissioners Seeks Dismissal of Complaint Filed by Lake Cecile Resort, Inc. to Clawback Alleged “Fraudulent Transfers”

Osceola Board of Commissioners Seeks Dismissal of Complaint Filed by Lake Cecile Resort, Inc. to Clawback Alleged “Fraudulent Transfers”

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July 21, 2021, Middle District of Florida – Defendant Osceola Board of Commissioners moves the court for an entry of an order dismissing the adversary complaint filed by Debtor Plaintiff Lake Cecile Resort, Inc. pursuant to Federal Rule of Bankruptcy Procedure 7012(b)(6) and Federal Rule of Civil Procedure 12(b)(6) for “failure to state a claim” upon which relief can be granted.

The Debtor/Plaintiff complaint sought to avoid (and recover) “fraudulent transfers” worth $4 Million according to Section 548 of the Bankruptcy Code. According to Defendant, these alleged transfers “do not state a claim” under Section 548 of the Bankruptcy Code since the “transfer” must be of the Debtor’s “property” and the Debtor has to be the “transferor”, which “was not so in the current case”. Defendant argues that the Plaintiff Debtor did not establish a “transfer” by the Debtor under Section 548 of the Bankruptcy Code. Defendant adds that the issue is “not whether the property in question went to the alleged transferee, but whether it came from the debtor, the alleged transferor.” Accordingly, Defendant asserts that the Debtor’s complaint “failed to state a claim” upon which relief can be granted and must be dismissed with prejudice.

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