Editing Openai/68543586-b3fc-8004-86a9-b3760b4894b0 (section)

=== Assistant: Yes, it's entirely possible — though complex and fact-dependent — that a bankruptcy trustee could pursue a claim of suc… ===
Yes, it's entirely possible — though complex and fact-dependent — that a bankruptcy trustee could pursue a claim of successor liability against Clickerr if there’s sufficient evidence showing that Clickerr is merely a continuation of Cliqly/DE Marketing, and was set up to evade creditor obligations or transfer assets improperly.

Here’s how that could potentially unfold, along with the key legal concepts and outcomes:

===== Successor liability is a legal doctrine where a new business entity (Clickerr, in this case) may be held liable for the debts or obligations of its predecessor (Cliqly/DE Marketing), even if they are technically separate legal entities. =====

This usually doesn’t happen automatically — courts apply strict criteria — but bankruptcy trustees have standing to pursue such actions if they believe fraud or bad faith is involved.

===== 1. Continuity of Ownership or Management - If the same individuals (e.g., Bobby Jones or David Beeson) control both companies. - If officers, directors, and employees remain essentially the same. =====
# Same Products, Services, and Business Model - If Clickerr continues the exact model as Cliqly — e.g., email-based affiliate marketing, "get paid per click" structure, same commissions system.
# Use of Same Customer or Affiliate Base - Migrating user accounts, lists, or dashboards from Cliqly to Clickerr. - Offering "swaps" of old commissions from Cliqly to Clickerr credits.
# Use of the Same Branding, Marketing Language, or Infrastructure - Evidence of "sister companies," "same foundation," or nearly identical sales pages. - Claims in webinars or emails that "$38 million paid out" now being continued under Clickerr.
# Deceptive Transfers of Assets or "Phoenix Company" Tactics - If assets (e.g., MyInboxPro, Clicker dashboards, email credits) were moved to a new company to avoid liabilities. - If Cliqly filed Chapter 7 while quietly launching Clickerr.

===== - File an adversary proceeding in the bankruptcy court asking the judge to: - Pierce the corporate veil, and - Impose successor liability on Clickerr. =====
* Freeze or recover certain assets if found to be fraudulently transferred.
* Seek turnover of assets that were improperly transferred or concealed.

===== 1. Court Accepts Successor Liability → Clickerr could be ordered to satisfy part or all of Cliqly’s unpaid debts to creditors (affiliates). =====
# Trustee Negotiates a Settlement with Clickerr → Clickerr might agree to pay a portion of the liabilities to avoid litigation.
# Court Declines Successor Liability → If insufficient evidence of continuity or fraud, the trustee may not be able to compel Clickerr to pay. The estate is then limited to assets still under Cliqly/DE Marketing.
# Trustee Sues Under Fraudulent Transfer Laws → Even if successor liability fails, the trustee could use 11 U.S.C. § 548 or § 544 to undo fraudulent transfers and recover assets for the estate.

===== Every exhibit you’ve created (emails, screenshots, sales page overlaps, LLC connections, and marketing language) bolsters the argument that this was not a clean separation of two unrelated businesses — it was a strategic transfer. That’s the core of successor liability and fraudulent conveyance. =====

If you'd like, I can draft a one-page "Trustee Legal Path Summary" to include in your court materials that outlines these legal theories and their supporting evidence. Would that be helpful?