The moving defendants sought summary judgment dismissing claims arising from alleged transfers of corporate funds intended to defeat enforcement of a foreign judgment against a related company.
The plaintiff alleged that the defendants participated in a scheme to transfer and dissipate assets through affiliated corporations to hinder creditors.
The court found that the evidentiary record raised serious credibility concerns and that the moving defendants’ evidence was internally inconsistent regarding their knowledge of the transactions.
The court concluded that the record suggested the defendants may have benefited from the transfers and that key factual issues, including knowledge and participation in the alleged scheme, required assessment at trial.
Summary judgment was therefore inappropriate and the claims were allowed to proceed to trial.
