Trustee filed complaint to avoid and recover certain funds for the benefit of Debtor’s estate. Defendant Durand filed a Motion to Dismiss arguing that Trustee had not adequately pled a cause of action to avoid a preference claim or a fraudulent transfer claim. The Court held that the Complaint adequately pleaded the necessary elements for constructive fraud and for avoidance of a transfer under § 544(a)(1).
File:
Date:
12/04/2014