HPS Investment Partners, LLC Seeks Dismissal Of Alta Mesa Resources Trustee $139 Million Complaint
March 7, 2022, Southern District of Texas – Defendant HPS Investment Partners, LLC seeks dismissal of a complaint filed by Plaintiff David Dunn, as Trustee of the AMH Litigation Trust in the bankruptcy case of Alta Mesa Resources, Inc., et al. In its motion to dismiss, HPS contends that the Trustee’s complaint is allegedly devoid of factual support and is an attempt to end-run Rule 15(a) and discovery-stay in a previously filed related action.
Specifically, HPS argues that the complaint should be dismissed with prejudice because:
- The Trustee’s action is allegedly an end-run around the inability to amend a prior complaint;
- The Trustee’s claims under Count I are allegedly barred under the lookback periods outlined in the Bankruptcy Code and Texas Uniform Fraudulent Transfer Act;
- The Trustee allegedly fails to plead:
- A single recoverable transfer from HPS under Section 550 of the Code, which disposes of all of his claims;
- Facts as to the intent, or financial condition, of Alta Mesa Holdings, L.P. sufficient to plead actual or constructive fraudulent transfers under Section 548 of the Code or Section 24 of TUFTA;
- Facts sufficient to plead a putative creditor under TUFTA, as required to bring a claim under Section 544 of the Code.
In re Alta Mesa Resources, Inc., et al, Case No. 19-35133