Bombardier Aerospace Corporation Seeks Dismissal of Trustee’s $54 million Clawback Suit
September 7, 2021, Central District of California – Defendants Bombardier Aerospace Corporation, Bombardier Inc., Learjet, Inc., recently moved the Court to dismiss Trustee Jonathan D. King’s $54 million lawsuit for failure to state a claim upon which relief can be granted in the bankruptcy case of Zetta Jet USA, Inc.
As alleged by the Defendants, the Trustee’s amended complaint insufficiently pleads the facts necessary to plausibly state claims for relief for aiding and abetting breach of fiduciary duty, civil conspiracy, violation of California Business & Professions Code § 17200, fraudulent misrepresentation, fraudulent concealment, fraudulent transfer, avoidance of preference transfer, violation of the automatic stay, and disallowance of claims. The Defendants also assert that the alleged wrongdoing of the Debtor’s agent, Geoff Cassidy, is imputed to the Debtors and the counts 1-3, 6-7 (aiding and abetting breach of fiduciary duty, avoidance of fraudulent transfers) in the Trustee’s complaint are barred by the in pari delicto doctrine.
The case is In re Zetta Jet USA, Inc. jointly administered with Zetta Jet PTE Ltd., a Singaporean corporation under lead case no.: 2:17-bk-21386-JK in the United States Bankruptcy Court for Central District of California.