In its Jan. 11 opinion in In re DBSI Inc., the U.S. Bankruptcy Court for the District of Delaware held that a trustee’s complaint seeking to recover actual and constructively fraudulent transfers satisfied the heightened pleading requirements set forth in Rule 9(b) and post- Twombly.
In Twombly, the U.S. Supreme Court heightened the pleading requirement, requiring that plaintiffs include enough facts in their complaint to make it plausible — not merely possible or conceivable — that they will be able to prove facts to support their claims. In this case, the defendants argued, among other things, that the trustee had neither satisfied the pleading requirements set forth in Twombly, nor those dictated by Federal Rule of Civil Procedure 9(b).
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