Music Download Lawsuit - John Deep v. RIAA, Boies, et al.

D. FOURTH CAUSE OF ACTION – Deceptive Acts and Practices
424. I repeat and reallege the allegations contained above as if fully stated herein.
425. The aforementioned conspiracies by Defendants and their co-conspirators were and are in violation of N.Y. Gen. Bus. Law §§ 340 et seq. and are deceptive acts and practices in violation of N.Y. Gen. Bus. Law §§ 349 et seq.
E. FIFTH CAUSE OF ACTION – Fraudulent Transfer
426. I repeat and reallege the allegations contained above as if fully stated herein.
427. On or about June 2001 and continuing to the present, Label and Studio Defendants paid, and continue to pay, promotional funds and remuneration to TransWorld to which I am entitled, in an amount that TransWorld has negligently failed to track or account for.
428. The aforesaid promotional funds and remuneration were not deposited in any bank account of my Chapter 13 estate, but were transferred to accounts of TransWorld (the “Transfers”).
429. As of the date of the Transfers, I was insolvent, or as a direct result of the Transfers was caused to be insolvent, as that term is defined in 11 U.S.C. §101.
430. I received no consideration in exchange for the Transfers to TransWorld.
431. The Transfers were and continue to be fraudulent as well as violations of the “Automatic Stay” and may be avoided by Debtor pursuant to 11 U.S.C. §§ 362 and 548.
432. I may recover the aforesaid Transfers plus interest from defendants pursuant to 11 U.S.C. §§ 362(h) and 550.