Bombardier Aerospace Seeks Dismissal of Trustee’s Complaint Seeking to Recover $47M as Alleged Fraudulent Conveyances

November 11, 2021, Central District of California – Defendants Bombardier Aerospace Corporation, Bombardier Inc., and Learjet, Inc. move the Court to dismiss, with prejudice and without leave to amend, Counts 1-3, 6-7, 12-20, 25, 31- 32 of the first amended complaint filed by Trustee Jonathan D. King for the estate of Zetta Jet USA, Inc. The Defendants allege that the complaint fails to state a claim upon which relief can be granted. The Defendants allege that the amended complaint insufficiently pleads the facts necessary to plausibly state claims for relief for aiding and abetting breach of fiduciary duty, civil conspiracy, violation of California Business & Professions Code § 17200, fraudulent misrepresentation, fraudulent concealment, fraudulent transfers, avoidance of preference transfers, violation of the automatic stay, and disallowance of claims. 

Specifically, in its complaint, the Trustee requested the Court to enter judgment in its favor pursuant to 11 USC §§ 548(a)(1)(A) or 548(a)(1)(B), 548(c), and 550, avoiding the transfers for $147,492,834 allegedly made towards the purchase of CAVIC aircraft. The Trustee also urged the Court to enter judgment in its favor under 11 USC §§ 548(a)(1)(A) or 548(a)(1)(B), 548(c), and 550, avoiding the transfers of at least $47.3 million made under an asset purchase agreement, and directing Bombardier to return the value of the transfers to the Trustee.

The case is In re Zetta Jet USA, Inc., Lead Case No.: 2:17-bk-21386-SK Jointly Administered with Case No.: 2:17-bk-21387-SK

(33)