Of Amendments; Fraudulent Conveyance and Dissolution
In The Matter of Transamerica Airlines, Inc., download file, the Chancery Court addresses several substantive areas in the context of a motion to amend under Rule 15(a) as well as Rule 15(aaa). Although the court does not decide the claims in this procedural context, it must determine if the claims would survive a motion to dismiss. The claims so analyzed include fraudulent conveyances (and whether the statute of limitations barred them); the 2 basic statutory forms of corporate dissolution; whether civil conspiracy is possible between a parent and subsidiary; and piercing the corporate veil. The case involved the attempt to collect on a judgment obtained through a court in Nigeria.
