LA BELLA DONA SKIN CARE, INC. v. BELLE FEMME ENTERPRISES, LLC, ET AL., 294 Va. 243

Summary

HOLDINGS: [1]-Dismissing plaintiff judgment creditor's Va. Code Ann. § 55-80 fraudulent conveyance claim erred because, after an unfavorable litigation result, defendant law firm foreclosed on a note a debtor executed during the litigation before the creditor could execute its judgment, did not try to collect from other judgment debtors but bought foreclosure assets by credit bid against the loan prompting foreclosure, and sold the debtor's assets to the debtor's family's new company; [2]-It was no error to sustain demurrers dismissing the creditor's civil conspiracy claims based on fraudulent conveyances because this was not actionable, as transaction avoidance was the only statutory remedy; [3]-It was error to apply a clear and convincing standard to the creditor's successor liability claim based on a mere continuation theory because preponderance was the correct standard.