In a December 1, 2010 decision by Justice Ramos, the Court granted defendant’s motion to dismiss the fraudulent conveyance claim asserted by plaintiff. In BPLY, Inc., plaintiff, a fashion sales agent for defendants, claimed that the individual defendants (principals of the defendant entity), engaged in a series of fraudulent conveyances. The defendant entities filed voluntary bankruptcy petitions in the District of Nevada, in which BPLY, Inc. was listed as a creditor. After examination by the Trustee in bankruptcy, final decrees were issued and the Chapter 7 Trustee discharged. The Trustee had concluded that the entities had no property available for distribution and that the estates had been fully administered. Defendants moved to dismiss the fraudulent conveyance claim, asserting that the assets subject to the claim reverted back to the entities’ bankruptcy estates upon filing the petitions, thus there could be no conveyance to the defendants. Defendants also moved to dismiss for lack of personal jurisdiction. Concluding that the bankruptcy estate has exclusive authority to maintain fraudulent conveyance claims brought by a creditor of the debtor against a principal of the debtor involving pre-petition transfers, the court granted defendants’ motion to dismiss, and denied as moot, the motion to dismiss for lack of personal jurisdiction. (BPLY, Inc. v. W1nder, Inc., Sup Ct, NY County, Dec. 1, 2010, Ramos, J, index No. 650029/10)