The Chapman Family Trust Trustee Seeks to Dismiss a Lawsuit Brought by Catherine Stone Curtis
October 27, 2021, Southern District of Texas – Defendants Herbert R. Scurlock, III, in his capacity as Trustee of The Chapman Family Trust, Herbert R. Scurlock, III, individually, Shari Ann Moore, Tari A. Garcia, Tami J. Albreksten, Thomas T. Scurlock, and Lori M. Martin move to dismiss counts I, III, and V of Plaintiff Trustee Catherine Stone Curtis’ second amended complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state any claims on which relief can be granted. Catherine Stone is the Trustee for the bankruptcy estate of Debtor Dale Welsey Chapman.
The Defendants allege that the complaint fails to state a claim that any of the Defendants were “non-statutory” insiders and that Count I, III, and V were untimely filed more than 90 days after the date of the alleged transfer. Therefore, the Defendants argue that the complaint should be dismissed with prejudice and without leave to amend.
Curtis v. The Chapman Family Trust et al, Case Number – 7:20-ap-07003