Angell v. Ber Care, Inc. (In Re Caremerica, Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• failure to identify which entity initiated each transfer and to allege facts regarding the antecedent debt were fatal to preference claim
• failure to identify which entity initiated each transfer and to allege facts regarding the antecedent debt were fatal to preference claim
• failure to identify which entity initiated each transfer and to allege facts regarding the antecedent debt were fatal to preference claim
• “The court finds that the debtors’ summary of schedules, reflecting liabilities far greater than assets, is sufficient to satisfy the trustee’s pleading requirement [for a motion to dismiss].”
• conclusory statement, that “[e]ach preferential transfer was made while the [t]ransferor was insolvent,” without factual assertions in support of the debtor’s insolvency fails to satisfy Iqbal’s first prong
• Civil Rule 9(b) is inapplicable to constructive fraud claims because such claims 27 are not based on actual fraud but instead rely on the debtor's financial condition and the sufficiency of consideration paid by 28 the transferee

Source: CourtListener parenthetical corpus (CC0).