On January 31, 2011, George L. Miller, Chapter 7, Trustee for the estate of WL Homes, LLC., et al. in the WL Homes LLC Bankruptcy, commenced his bankruptcy preference recovery litigation with the filing of 94 preference complaints. The Trustee has taken care to plead the elements of his bankruptcy preference claim in accord with the hightened pleading standards of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009). In particular, the Trustee includes specific factual allegations supporting its claims of the Debtors’ insolvency during the preference period.
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