Legal Opinion

Phillips v. JOSMIC 2 LLC

United States Bankruptcy Court, D. Delaware

Decided May 8, 2025No. 24-50085Unknown

1Opinion

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In re: Chapter 11 (Subchapter V) ONH AFC CS INVESTORS, LLC, et al., Case No. 23-10931 (CTG) Debtors. ANNA PHILLIPS, in her capacity as Liquidating Trustee of the ONH Adv. Proc. No. 24-50085 (CTG) Liquidating Trust, Related Docket No. 9 Plaintiff, v. JOSMIC 2 LLC and JOSMIC HOLDINGS LLC, Defendants. MEMORANDUM OPINION At common law, fraudulent conveyance was a remedy available to creditors. Similar to a creditor’s right to levy a debtor’s assets to satisfy a judgment, if a debtor conveyed assets to a third party to hinder,…

2Cases cited21 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Landis v. North American Co.Supreme Court of the United States · 1936
  5. Field v. MansSupreme Court of the United States · 1995

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