Bankr. No.:
02-40922
Adv. No.:
03-4017
Chapter:
7
Date of Decision:
June 20, 2003
Issue:
(1) Whether Count I of Plaintiff’s complaint, which sought the avoidance of a fraudulent transfer, should be dismissed because the alleged fraud was not plead with particularity as required by Fed.R.Civ.P. 9(b) and Fed.R.Bankr.P. 7009? (2) Whether Count II of Plaintiff’s complaint, which sought the avoidance of a constructively fraudulent transfer, should be dismissed because it does not state a claim upon which relief may be granted?
Ruling:
(1) Plaintiff’s fraud allegations under Count I were not set forth with sufficient particularity and Plaintiff was directed to file an amended complaint. (2) Count II was allowed to stand as filed. (Count III was dismissed without prejudice upon Plaintiff’s consent.)
Full Bankruptcy Court Decision:
