Legal Opinion

Finley Grp. v. Roselli (In re RedF Mktg., LLC)

United States Bankruptcy Court, W.D. North Carolina

Decided July 5, 2018No. Case No. 12-32462; Adversary Proceeding No. 17-03063PublishedCited by 3 opinions

1Opinion of the Court

J. Craig Whitley, United States Bankruptcy Judge

This matter is before the Court on the motion of Daniel and Sara Roselli (the "Defendants" or the "Rosellis"), to dismiss Claims Two and Three of the Amended Complaint filed by The Finley Group (the "Plaintiff" or the "Liquidating Agent"), Liquidating Agent for RedF Marketing, LLC ("RedF"), pursuant Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6).

Having considered the parties' briefs and oral arguments, this court concludes that the Second (Turnover) and Third (Conversion) Claims must be dismissed with prejudice. Regarding the Second…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Law v. SiegelSupreme Court of the United States · 2014
  4. Diana Houck v. Substitute Trustee ServicesCourt of Appeals for the Fourth Circuit · 2015
  5. In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993

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3Cited by3 opinions

  1. Daljaco, Inc. v. BaughCourt of Special Appeals of Maryland · 2025
  2. Eugene Davis solely in his capacity as Liquidating v. West Virginia State Tax DepartmentUnited States Bankruptcy Court, E.D. Missouri · 2021
  3. In Re: Vernon 4540 Realty LLCDistrict Court, S.D. New York · 2022

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