Home Motion Practice Dismissal Gambit Against “Barebones” 548 Complaint

Dismissal Gambit Against “Barebones” 548 Complaint


Download the full pdf of the motion by clicking: here

September 27, 2022, US District Court for Northern Texas – Defendant JMLP Management, LLC (“JMLP”) brings a 12(b)(6) motion to dismiss the complaint filed by Daniel J. Sherman, the trustee (“Trustee”) for JupiterMLP, LLC (“Debtor”). The Trustee’s complaint seeks to avoid and recover alleged transfers in the approximate amount of $1.5 million allegedly made by the Debtor to Defendant JMLP.

The motion claims that the Trustee allegedly fails to explain or provide any evidence to support the allegations of transfers that allegedly occurred between the Debtor and JMLP. Defendant alleges that the Trustee’s complaint against Defendant is allegedly limited to one sentence and a “barebones” chart of the alleged transfers. The motion pleads for dismissal of the Trustee’s complaint under Federal Rule of Civil Procedure 12(b)(6).

Daniel J. Sherman v. JMLP Management, LLC, (JupiterMLP, LLC), AP No. 22-03084, US Bankruptcy Court for Northern Texas