Trustee Marcia T. Dunn Seeks $2 Million in Alleged Fraudulent Transfers From 4 Below Zero
February 18, 2022, Southern District of Florida– Plaintiff, Marcia T. Dunn as Chapter 7 Trustee of the bankruptcy estates of Debtors Pacifico Sur Group, LLC and Chilean Fisheries Group, LLC, sues Defendant, 4 Below Zero, LLC to avoid and recover alleged actual and constructively fraudulent transfers under 11 USC §§ 541, 542, 544, 548, 549, and 550, Fla. Stat. §§ 726.105(1)(a), 726.105(1)(b), 726.106(1), 726.108(1)(a), and 726.109, and other relief under applicable non-bankruptcy federal and state law. The Trustee alleges that Debtors and Ocean Waves allegedly transferred $199,850.00 and $1,448,666.00 to Defendant, respectively, and did not receive any reasonably equivalent value in exchange.
As alleged in the complaint, the Debtors were engaged in importing, processing, selling, and distributing fish throughout the United States, primarily from Chile. In addition, the complaint contends that the Debtors owner, Francisco Baeza, and his brother Ricardo Baeza (the “Baeza Brothers”) allegedly hijacked the Debtors’ operations, with the assistance of other entities to personally enrich themselves to the detriment of the Debtors and their creditors.
In re Pacifico Sur Group, LLC and Chilean Fisheries Group, LLC, Case No. 19-22057-RAM