October 17, 2011 Articles

Lessons Learned on Preference Pleading Requirements to Satisfy Twombly and Iqbal

Miller v. Mitsubishi proves the importance of providing factual allegations in the complaint to support pleading preference claims.

By James P. Menton Jr.

Miller v. Mitsubishi Digital Elec. Am. Inc. (In re Tweeter OPCO), 452 B.R.150 (Bankr. D. Del. June 14, 2011), is an instructive recent case on pleading preference claims. The case evidences the importance of providing factual allegations in the complaint to support these claims or risk having to respond to a motion to dismiss and potential dismissal of the complaint.

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