Louisiana International Marine Seeks to Wipe-Out Work Cat Florida Trustee’s $500K Clawback Complaint
January 24, 2022, Middle District of Florida – Defendant Louisiana International Marine, LLC (“LIM”), moves for dismissal of Counts II and Count III of the adversary complaint filed by Douglas N. Menchise, in his capacity as Chapter 7 Trustee for the estate of Work Cat Florida, LLC f/k/a Work Cat Trans Gulf, LLC, under Federal Rule of Civil Procedure 12(b)(6), as made applicable pursuant to Rule 7012(b) of the Federal Rules of Bankruptcy Procedure.
Last year on December 7, 2021, the Trustee brought the complaint against the Defendants objecting to the claims and to seek avoidance and recovery of alleged preferential transfers, declaratory relief, damages, and disallowance of Defendant’s administrative claims for $192,000.00 for the benefit of the bankruptcy estate. The total amount of the Trustee’s complaint is $523,662.22.
In its motion, Defendant argues that the Trustee’s claims are allegedly baseless and barred by the plain terms of the Charter Agreement that Trustee’s own complaint allegedly acknowledges as a document that governs the relationship and obligations between the parties. Defendant also argues that the Trustee points to no provision of bankruptcy law that would allegedly “revive” a claim that the Debtor bargained away pre-petition in an arm’s length contract.
IN RE: WORK CAT FLORIDA LLC f/k/a WORK CAT TRANS GULF, LLC, Case 8:21-ap-00408-CPM