fraudulent transfer claim in Delaware

2025Cf. Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P., 624 A.2d 1199, 1208 (Del. 1993) (quoting U.S. ex rel.

2025Cf. Desert Equities, Inc. v. Morgan Stanley Leveraged Equity Fund, II, L.P., 624 A.2d 1199, 1208 (Del. 1993) (quoting U.S. ex rel.

2023Transfer Beneficiary Finally, Cleveland-Cliffs seeks relief under DUFTA from Black Diamond, which was not a party to the sale.143 Section 1308(b)(1) allows a creditor to recover courts assessing the intent of a corporation in a fraudulent conveyance claim will look to the intent of the corporate actors who effectuated the transaction on behalf of the corporation.”), aff’d, 10 F.4th 147 (2d Cir. 2021). 141 See In re Adler, Coleman Clearing Corp., 263 B.R. 406, 447 (S.D.N.Y. 2001) (“[B]y virtue of the common relationship to both sides of the disposition, the wrongful intent embodied in the contr

2022Accordingly, when the plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint, the necessity of converting a Rule 12(b)(6) motion into one under Rule 56 is largely dissipated.”). 14 Vanderbilt Income & Growth Assoc., L.L.C. v. Arvida/JMB Managers, Inc., 691 A.2d 609, 613 (Del. 1996) (citing In re Santa Fe, 669 A.2d at 69–70). 7 Additionally, “[t]he trial court may also take judicial notice of matters that are not subject to reasonable dispute.”15 DISCUSSION To establish a fraudulent transfer claim, a plaintiff must

2022Cf. Nisenzon, 689 A.2d at 1044 (holding that a fraudulent transfer claim reduced to a money judgment can evince a “right to payment” such that it could create creditor status for a separate fraudulent conveyance claim under the uniform act). 91 At the risk of unnecessary belaboring, a count-by-count analysis may provide additional clarity.

2021J., at 17. 109 Id. at 19 (citing In re Direct Response Media, Inc., 466 B.R. 626, 654 (Bankr.

2020See Jahner v. Jacob, 515 N.W.2d 183 (N.D. 1994) (holding that a creditor loses her standing to bring a fraudulent transfer claim if an underlying statute extinguishes her legal rights against a debtor); Enter.

2020The Owners’ citation to Cortlandt Street, 96 N.E.3d at 199 (addressing an argument that an indenture trustee’s right to bring claims for payment “on the Notes” should be read to “mean solely a claim for payment due under the terms and conditions of the Notes” rather than, for example, a fraudulent transfer claim) (internal quotations omitted) also misses the mark.

2019Morgan cites to IAC/InterActiveCorp. v. O’Brien, 26 A.3d 174, 177-78 (Del. 2011), for the proposition that “‘the Chancellor will not be bound’ by a limitations period ‘if unusual conditions or extraordinary circumstances make it inequitable.’” Pl.’s Opp’n Br. 38.

2016Ch. 1992)). 26 Nutt v. A.C. & S., Inc., 466 A.2d 18, 23 (Del.

2016A court may dismiss a plaintiffs DUFTA claims that merely recite the statutory elements without offering sufficient factual support.33 As stated 2010); Astropower Liquidating T rust v. Xantrex Tech., Inc., (In re AstroPower Liquidating Trust), 335 B.R. 309, 333 (Bankr.

2016Del. 1984) (intemal quotation marks omitted). 25 See Quadrant, 102 A.3d at 198 (holding that “[i]n order to state a fraudulent transfer claim, [plaintiff] must generally plead facts showing intent to defraud with specific supporting facts describing the circumstances of the transfer.”) (emphasis added) (citing Geyer v. lngersoll Publications Co., 621 A.2d 784 , 792 n. 5 (Del.