Defendants Seeks Dismissal of Vert Solar Finance Trustee’s Complaint for Clawback Transfers
October 13, 2021, Southern District of Texas – Defendants Joaquin Altenberg, VERT Investment Group, LLC, Clean Energy Nexus, LLC, and Alison Altenberg move to dismiss a lawsuit brought by Trustee Eva S. Engelhart for the bankruptcy estate of Vert Solar Finance, LLC (Bankruptcy Case Number:19-33347) according to Fed.R.Bank.P. 7012(b) and Fed.R.Civ.P. 12(b)(6), for “failure to state a claim” upon which relief can be granted.
Earlier this year, the Trustee had commenced an action to recover “actual and constructive fraudulent transfers” worth $1,721,259.93 allegedly made by the Defendants and to seek damages resulting therefrom, for “breach of fiduciary duties” to the Debtor, and for “knowingly participating” in Defendant Altenberg’s “breach of fiduciary duties” to the Debtor.
Engelhart, Chapter 7 Trustee v. Altenberg et al, 4:21-ap-03442