You are here

Trustee Forrest C. Allred v. Jonathan Brooks Hauser, as Trustee of the Children's Educational Trust, BBS Capital Fund LP, Perceptive Software, LLC, Hauser Holdings, LLC, Mary Jane Hauser, and Land Investments LLC (In re Marcus Edward Jundt)

Bankr. No.: 
Adv. No.: 
Date of Decision: 
June 17, 2014
Whether trustee-plaintiff’s amended complaint regarding avoidable transfers under 11 U.S.C. §§ 544, 547(b), and 548(a)(1)(A) and (B) should be dismissed under Fed.R.Bankr.P. 7012(b) and Fed.Rs.Civ.P. 9(b) and 12(b)(6) for failing to state a claim upon which relief can be granted?
Yes, the Court dismissed the amended complaint. In his amended complaint, the trustee-plaintiff failed to address all the necessary elements for relief under the particular code sections. The dismissal was without prejudice to the trustee-plaintiff's filing a second amended complaint by a given deadline.
Full Bankruptcy Court Decision: