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Scott v. SunTrust Bank, N.A. (In re Runnymede Capital Management, Inc.), Case No. 17-61506, A.P. No. 18-06025 02/22/2019

The chapter 7 trustee filed a complaint against SunTrust Bank, N.A. to avoid and recover certain transfers by the debtor into accounts held by the bank.  SunTrust moved to dismiss the complaint as failing to state a claim on which relief can be granted and for failing to plead fraud with specificity pursuant to Federal Rules of Civil Procedure 12(b)(6) and 9(b), respectively.  The Court denied the motion to dismiss.

Friday, February 22, 2019
Adversary Proceedings
Chapter 7 Issues
Fraudulent Conveyance
Rule 12(b)(6)