Yeah, the motion basically says DFC should be left off the hook because Zachary Pessin is not a bad guy (notwithstanding the e-mail attached to Thomas's attorney's affirmation accusing Zachary of being a liar...) but the question on an actual fraudulent conveyance cause of action--let's ignore the constructive fraudulent conveyance question, where DFC may actualy have a valid defense--is the transferor's intent (Jason's) and Jason may well cop to that given his letter, or let Thomas know how to get evidence that Fund.com Inc. actually held the name (not Thorsdale).
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