In In the matter of the CES 2007 Trust , [1] the Delaware Court of Chancery (hereinafter referred to as the “Court”) ruled on Can IV Packard Square, LLC’s (hereinafter referred to as the “Petitioner”) motion to dismiss a petition asking the Court to either: (a) void a spendthrift provision in the CES 2007 Trust, a Delaware asset protection trust (hereinafter referred to as the “Trust”); or alternatively, (b) invalidate the Trust in its entirety due to allegations that the Trust was a “sham” and being used as a shell to prevent Craig Schubiner (hereinafter referred to as the “Respondent”) from satisfying a previous judgment entered by a Michigan-based court that was awarded in Petitioner’s favor.
In 2014, Petitioner loaned funds to one of Respondent’s companies to finance a retail and