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Home New Cases Venture Resources and John Rainaldi Claim Indemnification for “Motiva claims”

Venture Resources and John Rainaldi Claim Indemnification for “Motiva claims”

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May 02, 2022, District of Columbia – Venture Resources Consulting, LLC (“VRC”), John Rainaldi (“Mr. Rainaldi”) and Mr. Rainaldi in his capacity as trustee of the Rainaldi Family Trust (the “Trust”) (collectively referred to as “Plaintiffs”) brought a complaint against Marc Albert, in his official capacity as trustee (the “Trustee”) of the bankruptcy estate of the Debtor, National Small Business Alliance, Inc. (the “Debtor”) and The Motiva Group, Inc. (“Motiva”) for indemnification and declaratory relief.

Motiva in its claims filed in this bankruptcy case had alleged that the VRC and Mr. Rainaldi “aided and abetted” the Debtor to make “fraudulent conveyances” and “encouraged” the Debtor to pay the VRC and Mr. Rainaldi . Motiva maintains that the Debtor should have paid these funds to Motiva. VRC and Mr. Rainaldi deny any wrongdoing and claim that Motiva “failed to prove” any actual conveyance giving rise to its claim. VRC and Mr. Rainaldi claim that to whatever extent they are indebted to Motiva as a result of the their dealings with the Debtor, they are “equally entitled to be indemnified”, by the Debtor, for such liability. VRC and Mr. Rainaldi deny any engagement in any of the alleged fraudulent conveyances and seek indemnification from the Debtor in the amount of the claims made by Motiva against VRC and Mr. Rainaldi. VRC and Mr. Rainaldi deny being indebted to Motiva and seek declaratory judgment on the issue of whether or not they are indebted to Motiva. The determination of this fact would directly inform whether or not the VRC and Mr. Rainaldi are to be indemnified by the Debtor. 

The case is Venture Resources Consulting, LLC, et al. v. Marc E Albert AND The Motiva Group, Inc., AP No. 22-10003, US Bankruptcy Court for the District of Columbia.

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