Barrett v. Vehicle Acceptance Corp. (In re Chamberlayne Auto Sales & Repair, Inc.)
United States Bankruptcy Court, E.D. Virginia
1Opinion of the Court
Keith L. Phillips, United States Bankruptcy Judge
Defendant Vehicle Acceptance Corporation ("VAC") has moved, pursuant to Federal Rule of Civil Procedure 12(b)(6), Fed. R. Civ. P. 12(b)(6),1 to dismiss the amended complaint (the "Amended Complaint") filed by Peter J. Barrett, Trustee for Debtor Chamberlayne Auto Sales & Repair, Inc. (the "Debtor"). In the Amended Complaint, Barrett (the "Trustee") seeks to avoid and recover certain postpetition transfers made by the Debtor to VAC, to avoid and recover certain prepetition transfers that occurred within ninety days prior to the Debtor's…
2Cases cited15 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Francis v. GiacomelliCourt of Appeals for the Fourth Circuit · 2009
- Nemet Chevrolet, Ltd. v. Consumeraffairs. Com, Inc.Court of Appeals for the Fourth Circuit · 2009
- Coleman v. Maryland Court of AppealsCourt of Appeals for the Fourth Circuit · 2010
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