Field v. Levin (In Re Maui Industrial Loan & Finance Co.)

MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S COUN-TERMOTION FOR PARTIAL SUMMARY JUDGMENT

Re: Docket Nos. 5, 10

ROBERT J. FARIS, Bankruptcy Judge.

In this adversary proceeding, the chapter 7 trustee of a company that operated a Ponzi scheme seeks to recover money transferred to the defendants. On June 17, 2011, a hearing was held on the defendants’ motion to dismiss and the plaintiff trustee’s countermotion for partial summary judgment.

1. The complaint satisfies the particularity requirement of Fed.R.Civ.P. 9(b), Fed. R. Bankr.P. 7009. The complaint contains more…