Legal Opinion
Tousa Homes, Inc. v. Palm Beach Newspapers, Inc. (In Re Tousa, Inc.)
United States Bankruptcy Court, S.D. Florida.
Decided December 27, 2010No. 19-10812PublishedCited by 5 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS [EOF No. 4]
JOHN K. OLSON, Bankruptcy Judge.
The Defendant has moved pursuant to Fed. R. Bankr.P. 7012, applying Fed. R.Civ.P. 12(b)(6), to dismiss the Plaintiffs complaint seeking to recover alleged preferential transfers under 11 U.S.C. § 547. The Defendant argues that the Plaintiffs complaint fails to satisfy the heightened pleading standards of Twombly 1 & Iqbal 2 as interpreted by Caremerica. 3 For the following reasons, I find that the Caremer-ica interpretation of preference adversary pleading requirements has only been adopted in this district in-part,…
2Cases cited11 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
- OHC Liquidation Trust v. Credit Suisse First Boston (In Re Oakwood Homes Corp.)United States Bankruptcy Court, D. Delaware · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Luria Ex Rel. Taylor, Bean & Whitaker Plan Trust v. United States Department of Agriculture (In Re Taylor, Bean & Whitaker Mortgage Corp.)United States Bankruptcy Court, M.D. Florida · 2011
- Faulkner v. FirstCapital Bank of Texas, N.A.United States Bankruptcy Court, N.D. Texas · 2020
- In re: Continental American Corporation, Sharon Stolte, as Liquidating Agent of the Continental American Corporation Liquidating Trust v. Toray Plastics (America), Inc.United States Bankruptcy Court, D. Kansas · 2026
- Miller v. Durand (In re Cain)United States Bankruptcy Court, N.D. Georgia · 2014
- Palmer v. UBS Financial Services, Inc.United States Bankruptcy Court, N.D. Georgia · 2021