- 11 U.S.C.
Neilson v. Agnew (In re Harris Agency LLC)
Aug
29
2012
Ruling
Avoidance proceeding dismissed to the extent trustee made inadequate allegations.
Procedural posture
Plaintiff chapter 11 trustee filed an amended complaint against defendants seeking, inter alia, to avoid preferential transfers, to avoid and recover allegedly fraudulent transfers, seeking enforcement of a court order, seeking to recover postpetition transfers, seeking turnover, and stating claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. Defendants moved to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
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Court
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