Tampico Beverages Seeks to Dismiss a Lawsuit Brought by Deans Food Company Liquidating Trust
October 20, 2021, Southern District of Texas – Defendant Tampico Beverages, Inc. (“Tampico”) pursuant to Fed. R. Civ. P. 12(b)(6) files its motion to dismiss Daniel H. Golden’s complaint for “failure to state a claim” or in the alternative for a more definite statement.
Earlier this year, Daniel H. Golden, as a Trustee of the Deans Food Company Liquidating Trust, brought a complaint to avoid and recover transfers approximately worth $1,169,851.77 as “preference and fraudulent conveyances” and to disallow any claims held by Defendant.
Defendant contends that Tampico and the Debtor engaged in an “ordinary course of business” and that the alleged payments constituted “recurring and customary credit transactions” that were highly consistent. Defendant also claims that the Trustee failed to set forth any factual circumstances related to the alleged fraudulent nature of the transfers at issue. Accordingly, Defendant argues that the Court must dismiss the Trustee’s complaint.
Golden v. Tampico Beverages, Inc., Adversary Proceeding No. – 4:21-ap-03756