In re Oconee Regional Health Systems, Inc., et al. (Ch. 11 Case No. 17-51005, Adv. Case No.19-05010)

Defendant, a guarantor of certain debt of the Debtor, brought Rule 12(b)(6) motion to dismiss trustee’s § 547 action to avoid indirect preferential transfers, where Defendant was alleged to have benefitted from transfers by the Debtor.  The Court denied the motion to dismiss, and in doing so, declined to adopt a heightened pleading standard for complaints to avoid preferential transfers.In re

Tuesday, March 31, 2020