Richert Funding Trustee Seeks Dismissal of Hatch Funding’s Complaint;Argues Complaint Is Allegedly an Attempt At ‘Late-Filed’ Claim
February 7, 2022, Middle District of Florida – Trustee Soneet R. Kapila for the bankruptcy estate of Richert Funding, LLC, Dwight Donald Richert, and Holly Berry Richert moves the Court to dismiss a complaint filed by Hatch Funding, LLC pursuant to Rule 12(b)(6) and (7) of the Federal Rules of Civil Procedure. The Trustee’s motion asserts that Hatch claims entitlement to the imposition of a constructive trust and declaratory relief.
The Trustee argues that Hatch’s complaint fails to identify the specific property to impose a constructive trust. In addition, the Trustee contends that Hatch “intends to jump ahead of others in the priority scheme in an attempt to evade” the provisions of the Bankruptcy Code. The Trustee further asserts that even if assuming Hatch could satisfy the constructive trust elements, “equity does not permit the imposition of a constructive trust”.
Next, the Trustee claims that Hatch’s complaint is an attempt at a late-filed claim against the bankruptcy estate, therefore subject to the applicable claims bar date. Accordingly, the Trustee argues that since Hatch allegedly failed to timely file a proof of claim, it did not have an allowed claim in the estate.
Kapila, as Chapter 7 Trustee vs. Hatch Funding, LLC, AP. No. 6:21-ap-00061