In re Alpha Protective Services, Inc. (Ch. 7 Case No. 12-70482, Adv. No. 14-07019)

The matter came before the Court on Defendants’ Motion for Judgment on the Pleadings.  The motion sought dismissal of the Trustee’s complaint, whereby the Trustee brought various preference and fraudulent transfer claims. Defendants argued that dismissal was appropriate because the Trustee failed to adequately plead the factual allegations required to make out each of the claims listed in the complaint. According to Defendants, after stripping away the bare legal conclusions, the remaining allegations were insufficient to state a claim for relief that is plausible on its face.  The Court granted the motion in part and denied it in part. The court granted the motion as to the Trustee’s 11 U.S.C. § 548 claims, finding that the transfer at issue occurred outside the statutory reach back period. Similarly, the Court granted the motion as to Trustee’s 11 U.S.C. § 544 and O.C.G.A. § 18-2-70 et seq., again finding the transfers at issue occurred outside the applicable reach back period. The Court denied the motion as the Trustee’s remaining claims.

Tuesday, May 26, 2015