Examples of Undelivered Aircraft in a sentence
Regarding Count VII, he asserts that the Complaint pleads that “Minsheng” received $5.5 million in transfers for payment on the Undelivered Aircraft, and if those aircraft were completed and resold, he would be entitled to a portion of any profits.
The property is in the possession, custody, or control of a noncustodial third party In Counts VII and XI, the Trustee seeks turnover of the profits from the sale of the Undelivered Aircraft and Plane 12, respectively, from “Minsheng” or Yuntian 4, Complaint ¶¶ 254, 295-96, which is sufficient to allege that the funds are in the possession, custody, or control of a third party.
Y3/Y4 contend that neither they nor the Minsheng entities bought the three Undelivered Aircraft, Zetta Singapore cancelled the orders for those planes a week before the petition date, and Yuntian 4 received official cancellation notices from Bombardier.
They highlight that the Trustee alleges “upon information and belief” that they or one of the Minsheng entities “sold” the Undelivered Aircraft andPlane 12 to a third party, and the Debtors have a right to the “profit, if any” on those sales.
Y3/Y4 are correct that the Complaint pleads “upon information and belief” that on completion of the Undelivered Aircraft, “Minsheng” or Yuntian 4 sold the planes to a third party for a profit (Count VII), and after the repossession of Plane 12, “Minsheng” or Yuntian 4 sold it and its contents to a third party (Count XI).
Y3/Y4 contend that the suggestion that Minsheng Business did not respond to inquiries regarding what happened to the $5.5 million “paid” toward the Undelivered Aircraft is irrelevant to the claim seeking recovery of any “profit” from a “sale” of the planes.
The information in these Brochure Supplements has not been approved or verified by the United States Securities and Exchange Commission (“SEC”) or by any state securities authority.
Their argument, however, is contrary to the Complaint’s allegations that: 1) the $12.4 Million Transfer to Minsheng Business was a transfer ofthe Debtors’ property and $5.55 million of which was for amounts owing on the Undelivered Aircraft, Complaint ¶ 120; and 2) because of their liquidation, the Debtors did not receive any benefit from that transfer.
They argue that the Opposition only confirms the speculative nature of the Trustee’s turnover claim regarding the Undelivered Aircraft, and the Trustee ignores that Zetta Singapore cancelled the Undelivered Aircraft orders, and they and Minsheng Business never received those planes.
They argue that the Opposition only confirms the speculative nature of the Trustee's turnover claim regarding the Undelivered Aircraft, and the Trustee ignores that Zetta Singapore cancelled the Undelivered Aircraft orders, and they and Minsheng Business never received those planes.