- 11 U.S.C.
Autoclub Body & Paint Serv. v. Kalb (In re Autoclub Body & Paint Serv.)
Feb
23
2011
Ruling
Motion to dismiss preference proceeding denied where transferee's defense of acting on behalf of trust was not supported by appropriate disclosures.
Procedural posture
Debtor filed this action against defendant, who claimed to be the trustee of a trust, seeking recovery of an alleged preferential transfer, 11 U.S.C.S. § 547, made by debtor to or for the benefit of the trustee. Before the court was the trustee's motion to dismiss under Fed. R. Civ. P. 12(b)(6), asserting that the Complaint failed to state a claim upon which relief could be granted against him personally.
ABI Membership is required to access the full summary of Autoclub Body & Paint Serv. v. Kalb (In re Autoclub Body & Paint Serv.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: