Respondent Oppenheimer filed a Third-Party Statement of Claim, which alleged among other causes of action, breach of settlement agreement, fraudulent and negligent misrepresentation, and unjust enrichment.
Among his other activities, the Trustee filed an adversary action against the Lender, seeking to set aside the Promissory Note and Security Agreement as to Tanglewood, on the basis that the transaction was a fraudulent transfer and therefore avoidable.