Judge Finds Fraudulent Transfer Claims Against Franchisor Are Not Untimely

Mealey's (February 13, 2019, 2:29 PM EST) -- WILKESBORO, N.C. — A North Carolina judge on Feb. 11 rejected the majority of a franchisor’s arguments that claims asserted by franchisees were untimely under state law and denied its motion for judgment on the pleadings, holding that a tolling agreement reached in 2013 could apply to certain plaintiffs and that others could not have discovered an alleged fraudulent transfer through public records (Window World of Baton Rouge LLC, et al. v. Window World Inc., et al., Nos. 15 CVS 1, 15 CVS 2, N.C. Super., Wilkes Co., 2019 NCBC LEXIS 11)....