Aledmi, LLC Seeks Summary Judgment on Eagan Avenatti Trustee’s $2.2M Lawsuit
September 23, 2021, Central District of California – Defendants Aledmi, LLC and its members
recently filed a motion for summary judgment pursuant to Federal Rule of Bankruptcy Procedure 7056 against a complaint brought by Trustee Richard A. Marshack for the bankruptcy estate of Eagan Avenatti, LLP.
Last year on April 14, 2020, the Trustee commenced a lawsuit against the Defendants, asserting that the two transfers totaling $2,202,957.30 from the Debtor to Aledmi were made with the specific intent and purpose to hinder, delay, or defraud some creditor of the Debtor. The Trustee alleged that these transfers must be avoided as “fraudulent conveyances” U.S.C. §§ 544(a), (b) and Cal. Civ. Code §§§ 3439.04 and 3439.07 and 3439.09.
In their motion for summary judgment, the Defendants allege that the Trustee cannot sustain its burden of proof and that the record demonstrates that the initial transfers were made for “non-fraudulent reasons”. The Defendants also argue that the badges of fraud weigh in their favor.
