Cred Inc. Liquidation Trust v. Uphold HQ Inc. et al

Adversary Proceeding
Lead BK case is: 1:20-bk-12836

Delaware Bankruptcy Court
Chapter 11
Judge:	John T Dorsey
Case #:	1:22-ap-50398
Nature of Suit	2 Bankruptcy - Other 13 Bankruptcy - Recovery of money/property - �548 fraudulent transfer

Case Filed:	Jul 22, 2022
Terminated:	Mar 28, 2024

Last checked: never

Defendant Uphold HQ Inc.	Represented By Uphold HQ Inc. contact info
Defendant Uphold Inc.	Represented By Uphold Inc. contact info
Defendant Uphold Ltd.	Represented By Uphold Ltd. contact info
Plaintiff Cred Inc. Liquidation Trust	Represented By David R. Hurst Mcdermott Will & Emery LLP contact info

GPO Apr 13 2023
MEMORANDUM OPINION re Defendants' Motion to Dismiss (related document(s)5, 6) (LJH)

Docket last updated: 02/21/2025 1:05 PM EST

Thursday, March 28, 2024
		court Close Adversary Case Thu 03/28 9:57 AM Adversary Case 1:22-ap-50398 Closed (SJS) Related: [-]
Wednesday, March 27, 2024
45		45 order District Court re: Appeal Wed 03/27 3:23 PM Final Order By District Court Judge Maryellen Noreika, Re: Appeal on Civil Action Number: 23-461 ; BAP# 23-20 , Affirmed Signed on 3/27/2024. (LBr) Related: [-]
		Att: 1 Exhibit Order
Friday, May 12, 2023
44		44 misc Affidavit/Declaration of Service Fri 05/12 11:49 PM Affidavit/Declaration of Service re: Appellants Designation of Record and Statement of Issues on Appeal Pursuant to Fed. R. Bankr. P. 8009(A) (Docket No. 4, C.A. No. 23-00461 , Motion Regarding Transmittal of Sealed Documents Pursuant to Rule 8009(f) of the Federal Rules of Bankruptcy Procedure (Docket No. 5, C.A. No. 23-00461 , and Appellants Designation of Record and Statement of Issues on Appeal Pursuant to Fed. R. Bankr. P. 8009(a) (Docket No. 43, Adv Case No. 23-00461 . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 43
Wednesday, May 10, 2023
43		43 appeal Statement of Issues on Appeal Wed 05/10 11:53 AM Statement of Issues on Appeal Appellant's Designation of Record and Statement of Issues on Appeal Pursuant to Fed. R. Bankr. P. 8009(a) Related [+] Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 36 ,37
Monday, May 01, 2023
42		42 misc Affidavit/Declaration of Service Mon 05/01 8:32 PM Affidavit/Declaration of Service re: Notice of Appeal (Docket No. 38) . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 38
Wednesday, April 26, 2023
41		41 appeal Notice of Docketing Record on Appeal Wed 04/26 3:55 PM Notice of Docketing Record on Appeal to District Court. Civil Action Number: 23-461 ; BAP Number: 23-20 Related [+] (LBr) Related: [-] 38
40		40 appeal Transmittal of Record on Appeal Wed 04/26 1:38 PM Transmittal of Record on Appeal to District Court BAP #23-20 Related [+] (LBr) Modified on 4/26/2023 (LBr) Related: [-] 38
		Att: 1 Exhibit Notice of Appeal and Order
39		39 crditcrd none Wed 04/26 12:21 PM Receipt of filing fee for Notice of Appeal (Ap)([LINK 22-50398 JTD] ) [appeal,ntcapl] ( 298.00). Receipt Number A11070069, amount $ 298.00. (U.S. Treasury) Related: [-]
38		38 appeal Notice of Appeal Wed 04/26 12:19 PM Notice of Appeal . Fee Amount $298. Related [+] Appellants listed as: Cred Inc. Liquidation Trust. Appellees listed as: Uphold HQ Inc., Uphold Inc., and Uphold LTD. Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 37
		Att: 1 Exhibit A
Thursday, April 13, 2023
37		37 order Dismiss Adversary Proceeding Thu 04/13 2:48 PM ORDER GRANTING Defendants' Motion to Dismiss Related [+] Order Signed on 4/13/2023. (LJH) Related: [-] 5 ,6 ,35 ,36
36		36 46 pgs court Opinion Thu 04/13 2:42 PM MEMORANDUM OPINION re Defendants' Motion to Dismiss Related [+] (LJH) Related: [-] 5 ,6
Thursday, March 16, 2023
35		35 misc Memorandum of Law Thu 03/16 4:23 PM [SEALED] Memorandum of Law in Support of Defendants' Motion to Dismiss All Counts In The Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-] 6
Friday, January 13, 2023
34		34 47 pgs misc Transcript Fri 01/13 10:01 AM Transcript regarding Hearing Held 01/11/23 RE: MOTION TO DISMISS / ORAL ARGUMENT. Remote electronic access to the transcript is restricted until 4/13/2023. The transcript may be viewed at the Bankruptcy Court Clerk's Office. For information about how to obtain a transcript, call the Clerk's Office or Contact the Court Reporter/Transcriber at Telephone number 302-654-8080. Filed by Uphold HQ Inc. . Notice of Intent to Request Redaction Deadline Due By 1/20/2023. Redaction Request Due By 2/3/2023. Redacted Transcript Submission Due By 2/13/2023. Transcript access will be restricted through 4/13/2023. (JC) Related: [-]
Thursday, January 12, 2023
33		33 misc Affidavit/Declaration of Service Thu 01/12 1:40 PM Affidavit/Declaration of Service re: Notice of Agenda of Matter Scheduled for Hearing on January 11, 2023 at 2:00 P.M. (Eastern Time) Before the Honorable John T. Dorsey (Docket No. 30) . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 30
32		32 audio Thu 01/12 10:15 AM PDF with attached Audio File. Court Date & Time [01/11/2023 02:08:53 PM]. File Size [ 25384 KB ]. Run Time [ 00:53:23 ]. (admin) Related: [-]
Wednesday, January 11, 2023
31		31 court Minute Entry Wed 01/11 3:08 PM Minute Entry Re: 30 ; Oral Argument Held Re: 5 ; motion to dismiss all counts in the complaint ( 5 ) is TAKEN UNDER ADVISEMENT; Appearances: (See Attached Sign-In/Registration Sheets) (RC) Related: [-]
Monday, January 09, 2023
30		30 notice Agenda of Matters Scheduled for Hearing - Notice (Adv) Mon 01/09 10:01 AM Notice of Agenda of Matters Scheduled for Hearing Filed by Cred Inc. Liquidation Trust Hearing scheduled for 1/11/2023 at 02:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Hurst, David) Related: [-]
Friday, December 02, 2022
29		29 misc Affidavit/Declaration of Service Fri 12/02 3:51 PM Affidavit/Declaration of Service re: Notice of Agenda of Matter Scheduled for Hearing on December 14, 2022 at 1:00 P.M. (Eastern Time) Before the Honorable John T. Dorsey (Docket No. 28, Adv Case No. 22-50398 . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 28
Tuesday, November 29, 2022
28		28 notice Agenda of Matters Scheduled for Hearing (HEARING CANCELLED) - Notice Tue 11/29 12:22 PM HEARING CANCELLED. Notice of Agenda of Matters not going forward. The following hearing has been cancelled. Filed by Cred Inc. Liquidation Trust. Hearing scheduled for 12/14/2022 at 01:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Hurst, David) Related: [-]
Monday, November 28, 2022
27		27 notice Completion of Briefing - Notice Mon 11/28 4:39 PM Notice of Completion of Briefing. Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. (Lyons, Jeffrey) Related: [-] 5 ,6 ,7 ,8 ,18 ,19 ,20 ,21 ,22 ,23 ,24
Wednesday, November 23, 2022
26		26 notice Completion of Briefing - Notice Wed 11/23 2:25 PM Notice of Completion of Briefing. Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. (Lyons, Jeffrey) Related: [-] 5 ,6 ,7 ,8 ,18 ,19 ,20 ,21 ,22 ,23 ,24
Thursday, November 17, 2022
25		25 claims Certificate of Mailing Thu 11/17 7:02 PM Certificate of Mailing re: The Cred Inc. Liquidation Trusts Request for Oral Argument on Defendants Motion to Dismiss all Counts in the Complaint (Docket No. 23, Adv Case No. 22-50398 . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 23
24		24 motion Request for Oral Argument Thu 11/17 4:21 PM Request for Oral Argument Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. Related [+]. (Lyons, Jeffrey) Related: [-] 7 ,18 ,19 ,8 ,21 ,6 ,5
Tuesday, November 15, 2022
23		23 motion Request for Oral Argument Tue 11/15 2:29 PM Request for Oral Argument Filed by Cred Inc. Liquidation Trust Related [+]. (Hurst, David) Related: [-] 7 ,20 ,18 ,19 ,8 ,21 ,22 ,6 ,5
Thursday, November 10, 2022
22		22 answer Reply Thu 11/10 6:11 PM Reply [REDACTED VERSION] in Further Support of Defendants' Motion to Dismiss All Counts in the Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. (Lyons, Jeffrey) Related: [-] 21
21		21 answer Reply Thu 11/10 5:50 PM [SEALED] Reply in Further Support of Defendants' Motion to Dismiss All Counts in the Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. (Lyons, Jeffrey) Related: [-] 5
Thursday, October 13, 2022
20		20 30+ pgs misc Memorandum of Law Thu 10/13 7:13 PM Memorandum of Law [Redacted Version] Memorandum of Law of Cred Inc. Liquidation Trust in Opposition to Defendants' Motion to Dismiss the Complaint Related [+] Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 18
19		19 misc Declaration in Support Thu 10/13 7:05 PM Declaration in Support Declaration of David R. Hurst in Support of Cred Inc. Liquidation Trust's Opposition to Defendants' Motion to Dismiss the Complaint Related [+] Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 18
		Att: 1 Exhibit 1
18		18 misc Memorandum of Law Thu 10/13 6:56 PM [SEALED] Memorandum of Law Memorandum of Law of Cred Inc. Liquidation Trust in Opposition to Defendants' Motion to Dismiss the Complaint Related [+] Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 5
Tuesday, October 04, 2022
17		17 misc Affidavit/Declaration of Service Tue 10/04 6:40 PM Affidavit/Declaration of Service re: Notice of Pretrial Conference (Docket No. 15, Adv Case No. 22-50398 , and Notice of Agenda of Matter Scheduled for Hearing on October 5, 2022 at 11:00 A.M. (Eastern Time) Before The Honorable John T. Dorsey (Docket No. 16, Adv Case No. 22-50398 . Filed by Stretto. Related [+] (Betance, Sheryl) Related: [-] 15 ,16
Thursday, September 29, 2022
16		16 notice Agenda of Matters Scheduled for Hearing (HEARING CANCELLED) - Notice Thu 09/29 1:48 PM HEARING CANCELLED. Notice of Agenda of Matters not going forward. The following hearing has been cancelled. Filed by Cred Inc. Liquidation Trust. Hearing scheduled for 10/5/2022 at 11:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Hurst, David) Related: [-]
15		15 notice Pretrial Conference - Notice Thu 09/29 11:05 AM Notice of Pretrial Conference Filed by Cred Inc. Liquidation Trust Pretrial Conference set for 12/14/2022 at 01:00 PM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Hurst, David) Related: [-]
Thursday, September 08, 2022
14		14 2 pgs order Order Thu 09/08 12:44 PM Order Approving Stipulation for Extension of Time for Opposition and Reply to Defendants' Motion to Dismiss Related [+] Order Signed on 9/8/2022. (RC) Related: [-] ument(s)13
		Att: 1 Exhibit 1 - Stipulation
13		13 misc Certification of Counsel(Adv) Thu 09/08 10:30 AM Certification of Counsel Regarding Order Approving Stipulation for Extension of Time for Opposition and Reply to Defendants' Motion to Dismiss Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-]
		Att: 1 Exhibit A - Proposed Order
Tuesday, August 30, 2022
12		12 plan Disclosure Statement Tue 08/30 3:53 PM Disclosure Statement /Defendant Uphold LTD's Disclosure Statement Pursuant to Bankruptcy Rule 7007.1 Filed by Uphold Ltd. (Lyons, Jeffrey) Related: [-]
11		11 plan Disclosure Statement Tue 08/30 3:51 PM Disclosure Statement /Defendant Uphold Inc.'s Disclosure Statement Pursuant to Bankruptcy Rule 7007.1 Filed by Uphold Inc. (Lyons, Jeffrey) Related: [-]
10		10 plan Disclosure Statement Tue 08/30 3:45 PM Disclosure Statement /Defendant Uphold HQ Inc.'s Disclosure Statement Pursuant to Bankruptcy Rule 7007.1 Filed by Uphold HQ Inc. (Lyons, Jeffrey) Related: [-]
9		9 notice Appearance - Notice Tue 08/30 12:40 PM Notice of Appearance. Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd. (Lyons, Jeffrey) Related: [-]
		misc Add Attorney Tue 08/30 12:42 PM Attorney Douglas W Greene and Jeffrey James Lyons for Uphold Ltd.; Uphold HQ Inc. and Uphold Inc., Jorian L. Rose and Jeffrey James Lyons for Uphold Ltd.; Uphold HQ Inc. and Uphold Inc., Genevieve G. York-Erwin and Jeffrey James Lyons for Uphold Ltd.; Uphold HQ Inc. and Uphold Inc., Michael Sabella and Jeffrey James Lyons for Uphold Ltd.; Uphold HQ Inc. and Uphold Inc., Zachary R. Taylor and Jeffrey James Lyons for Uphold Ltd.; Uphold HQ Inc. and Uphold Inc. added to case Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-]
Monday, August 29, 2022
8		8 misc Declaration Mon 08/29 9:34 PM Declaration of Douglas W. Greene in Support of Defendants' Request for Judicial Notice and Motion to Dismiss All Counts in the Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-] 5
		Att: 1 Exhibit 1
		Att: 2 Exhibit 2
		Att: 3 Exhibit 3
		Att: 4 Exhibit 4
		Att: 5 Exhibit 5
		Att: 6 Exhibit 6
7		7 misc Brief Mon 08/29 9:28 PM Brief //Request for Judicial Notice in Support of Defendants' Motion to Dismiss All Counts in the Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-] 5
6		6 30+ pgs misc Memorandum of Law Mon 08/29 9:06 PM Memorandum of Law in Support of Defendants' Motion to Dismiss All Counts in the Complaint Related [+] Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-] 5
5		5 motion Dismiss Adversary Proceeding - Motion Mon 08/29 9:02 PM Motion to Dismiss Adversary Proceeding Filed by Uphold HQ Inc., Uphold Inc., Uphold Ltd.. (Lyons, Jeffrey) Related: [-]
Friday, July 29, 2022
4		4 notice Summons and Notice of Pretrial Conference Fri 07/29 1:15 PM Summons and Notice of Pretrial Conference Served on Defendants Uphold HQ Inc., Uphold Inc., Uphold Ltd.. Related [+] Pretrial Conference set for 10/5/2022 at 11:00 AM at US Bankruptcy Court, 824 Market St., 5th Fl., Courtroom #5, Wilmington, Delaware. (Hurst, David) Related: [-] ument1 ,3
		Att: 1 Certificate of Service
Friday, July 22, 2022
3		3 misc Exhibit Fri 07/22 12:18 PM [SEALED] Exhibit(s) Complaint Related [+] Filed by Cred Inc. Liquidation Trust. (Hurst, David) Related: [-] 1
		Att: 1 Exhibit A
		Att: 2 Exhibit B
		Att: 3 Exhibit C
		Att: 4 Exhibit D
		Att: 5 Exhibit E
		Att: 6 Exhibit F
		Att: 7 Exhibit G
		Att: 8 Exhibit H
		Att: 9 Exhibit I
		Att: 10 Exhibit J
		Att: 11 Exhibit K
		Att: 12 Exhibit L
		Att: 13 Exhibit M
		Att: 14 Exhibit N
		Att: 15 Exhibit O
		Att: 16 Exhibit P
		Att: 17 Exhibit Q
		Att: 18 Exhibit R
		Att: 19 Exhibit S
		Att: 20 Exhibit T
		Att: 21 Exhibit U
		Att: 22 Exhibit V
		Att: 23 Exhibit W
		Att: 24 Exhibit X
		Att: 25 Exhibit Y
		Att: 26 Exhibit Z
		Att: 27 Exhibit AA
		Att: 28 Exhibit BB
		Att: 29 Exhibit CC
		Att: 30 Exhibit DD
		Att: 31 Exhibit EE
		Att: 32 Exhibit FF
		Att: 33 Exhibit GG
		Att: 34 Exhibit HH
		Att: 35 Exhibit II
		Att: 36 Exhibit JJ
		Att: 37 Exhibit KK
		Att: 38 Exhibit LL
		Att: 39 Exhibit MM
		Att: 40 Exhibit NN
		Att: 41 Exhibit OO
		Att: 42 Exhibit PP
		Att: 43 Exhibit QQ
		Att: 44 Exhibit RR
		Att: 45 Exhibit SS
		Att: 46 Exhibit TT
		Att: 47 Exhibit UU
		Att: 48 Exhibit VV
		Att: 49 Exhibit WW
		Att: 50 Exhibit XX
		Att: 51 Exhibit YY
		Att: 52 Exhibit ZZ
		Att: 53 Exhibit AAA
		Att: 54 Exhibit BBB
		Att: 55 Exhibit CCC
		Att: 56 Exhibit DDD
		Att: 57 Exhibit EEE
		Att: 58 Exhibit FFF
		Att: 59 Exhibit GGG
		Att: 60 Exhibit HHH
		Att: 61 Exhibit III
		Att: 62 Exhibit JJJ
		Att: 63 Exhibit KKK
		Att: 64 Exhibit LLL
		Att: 65 Exhibit MMM
		Att: 66 Exhibit NNN
		Att: 67 Exhibit OOO
		Att: 68 Exhibit PPP
		Att: 69 Exhibit QQQ
		Att: 70 Exhibit RRR
		Att: 71 Exhibit SSS
		Att: 72 Exhibit TTT
		Att: 73 Exhibit UUU
		Att: 74 Exhibit VVV
2		2 crditcrd none Fri 07/22 11:40 AM Receipt of filing fee for Complaint([LINK 22-50398 JTD] ) [cmp,cmp] ( 350.00). Receipt Number A10804635, amount $ 350.00. (U.S. Treasury) Related: [-]
1		1 cmp RETIRED - Complaint Fri 07/22 11:38 AM Adversary case 22-50398 Complaint by Cred Inc. Liquidation Trust against Uphold HQ Inc., Uphold Inc., Uphold Ltd.. Fee Amount $350 (02 (Other (e.g. other actions that would have been brought in state court if unrelated to bankruptcy))),(13 (Recovery of money/property - 548 fraudulent transfer)). AP Summons Served due date: 10/20/2022. (Hurst, David) Related: [-]
		Att: 1 Exhibit A
		Att: 2 Exhibit B
		Att: 3 Exhibit C
		Att: 4 Exhibit D
		Att: 5 Exhibit E
		Att: 6 Exhibit F
		Att: 7 Exhibit G
		Att: 8 Exhibit H
		Att: 9 Exhibit I
		Att: 10 Exhibit J
		Att: 11 Exhibit K
		Att: 12 Exhibit L
		Att: 13 Exhibit M
		Att: 14 Exhibit N
		Att: 15 Exhibit O
		Att: 16 Exhibit P
		Att: 17 Exhibit Q
		Att: 18 Exhibit R
		Att: 19 Exhibit S
		Att: 20 Exhibit T
		Att: 21 Exhibit U
		Att: 22 Exhibit V
		Att: 23 Exhibit W
		Att: 24 Exhibit X
		Att: 25 Exhibit Y
		Att: 26 Exhibit Z
		Att: 27 Exhibit AA
		Att: 28 Exhibit BB
		Att: 29 Exhibit CC
		Att: 30 Exhibit DD
		Att: 31 Exhibit EE
		Att: 32 Exhibit FF
		Att: 33 Exhibit GG
		Att: 34 Exhibit HH
		Att: 35 Exhibit II
		Att: 36 Exhibit JJ
		Att: 37 Exhibit KK
		Att: 38 Exhibit LL
		Att: 39 Exhibit MM
		Att: 40 Exhibit NN
		Att: 41 Exhibit OO
		Att: 42 Exhibit PP
		Att: 43 Exhibit QQ
		Att: 44 Exhibit RR
		Att: 45 Exhibit SS
		Att: 46 Exhibit TT
		Att: 47 Exhibit UU
		Att: 48 Exhibit VV
		Att: 49 Exhibit WW
		Att: 50 Exhibit XX
		Att: 51 Exhibit YY
		Att: 52 Exhibit ZZ
		Att: 53 Exhibit AAA
		Att: 54 Exhibit BBB
		Att: 55 Exhibit CCC
		Att: 56 Exhibit DDD
		Att: 57 Exhibit EEE
		Att: 58 Exhibit FFF
		Att: 59 Exhibit GGG
		Att: 60 Exhibit HHH
		Att: 61 Exhibit III
		Att: 62 Exhibit JJJ
		Att: 63 Exhibit KKK
		Att: 64 Exhibit LLL
		Att: 65 Exhibit MMM
		Att: 66 Exhibit NNN
		Att: 67 Exhibit OOO
		Att: 68 Exhibit PPP
		Att: 69 Exhibit QQQ
		Att: 70 Exhibit RRR
		Att: 71 Exhibit SSS
		Att: 72 Exhibit TTT
		Att: 73 Exhibit UUU
		Att: 74 Exhibit VVV

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