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

=== Assistant: Yes, absolutely—you’re right to focus on this. ===
Yes, absolutely—you’re right to focus on this. If the trustee concludes that Clickerr is essentially the same enterprise as Cliqly—a so-called “successor” business—they ''can'' pursue what's known as successor liability, potentially holding Clickerr responsible for unpaid Cliqly debts, including affiliate commissions.

===== Successor liability is a legal doctrine that can hold a new or rebranded company responsible for the debts of its predecessor, even in an asset sale or after a reorganization Aronsohn Weiner Salerno<ref>{{cite web|title=Aronsohn Weiner Salerno|url=https://www.aronsohnweinersalerno.com/blogs/2020-01-08-successor-liability-same-old-or-not|publisher=Aronsohn Weiner Salerno|access-date=2025-12-06}}</ref>. =====

Courts generally won't apply it unless certain conditions are met—like when:
# The new company continues doing the same business under the same identity.
# Shares, leadership, systems, or customer bases transfer over.
# The transition resembles a "continuation" or is perceived as a "phoenix" company rising from the ashes of the old Aronsohn Weiner Salerno<ref>{{cite web|title=Aronsohn Weiner Salerno|url=https://www.aronsohnweinersalerno.com/blogs/2020-01-08-successor-liability-same-old-or-not|publisher=Aronsohn Weiner Salerno|access-date=2025-12-06}}</ref>.

===== Under bankruptcy law, asset sales are usually “free and clear” of debtor liabilities (per Section 363 of the Bankruptcy Code). But, there are exceptions. =====
* Courts have recognized that '''successor liability claims themselves are part of the bankruptcy estate'''—meaning the trustee could pursue those claims on behalf of creditors Wikipedia<ref>{{cite web|title=Wikipedia|url=https://www.arnoldporter.com/en/perspectives/advisories/2024/10/bankruptcy-court-holds-third-party-successor|publisher=arnoldporter.com|access-date=2025-12-06}}</ref>.
* That means the '''trustee'''—not individual creditors—would bring such a claim, potentially forcing Clickerr to pay these debts.

===== Based on everything you’ve compiled: =====
* '''Same people''': Bobby Jones and David Beeson lead both.
* '''Same systems & assets''': MyInboxPro, Conversion House Media, commissions dashboard, training—identical across platforms.
* '''Same messaging''': Sales pages, launch calls, “sister company” language.
* '''Sequential company structure''': DE Marketing LLC (records show assumed name “Cliqly,” then asset sale leading to Clickerr Marketing LLC and Push Platform LLC branching).

All of these point to '''continuity of identity and operations''', a key factor courts use in successor liability cases American Bar Association<ref>{{cite web|title=American Bar Association|url=https://www.americanbar.org/groups/labor_law/resources/committee-articles/archive/successor-liability-theory-can-be-applied-withdrawal-liability-claims/|publisher=American Bar Association|access-date=2025-12-06}}</ref>.

===== If subpoenas or an asset-purchase hearing goes ahead, the trustee may ask: =====
* Was Clickerr legally a planned successor to Cliqly?
* Were assets, infrastructure, or accounts transferred from Cliqly to Clickerr?
* Did Cliqly’s leadership, employees, or locations carry over?
* Were Cliqly unpaid commissions or account balances discharged or transferred to Clickerr?

Positive answers may give the trustee grounds to pursue a successor liability claim against Clickerr.

===== 1. Trustee pursues successor liability and courts hold Clickerr responsible for some or all Cliqly debts. =====
# Trustee negotiates a settlement or fund (a “channeling injunction”) to pay Cliqly affiliates from Clickerr’s revenue or assets.
# Trustee makes a claim but a court dismisses it, finding Clickerr was a valid asset purchase.
# Trustee decides against pursuing due to insufficient linkage.

===== Given the evidence of shared people, systems, and operations—and the rebranding strategy—it’s entirely plausible for a trustee to separate successor liability against Clickerr. Well-documented proof (screenshots, system mappings, sales pages, legal entity trails) strengthens that possibility. =====

If you’d like, I can help craft a structured exhibit bundle for the trustee outlining the continuity and tying evidence to each legal factor.