Filed: Dec. 31, 2019
Latest Update: Dec. 31, 2019
Summary: ORDER MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . AND NOW, upon the Defendants' Motion to Dismiss Adversary Complaint or, in the Alternative, to Abstain (the "Motion to Dismiss") 1 in the above-captioned adversary proceeding. AND, the Court having considered the Complaint, the Motion to Dismiss and the briefs and arguments in support and in opposition of the Motion to Dismiss. AND, this Court having jurisdiction to consider the relief requested by the Motion to Dismiss in accor
Summary: ORDER MAGDELINE D. COLEMAN , Chief Bankruptcy Judge . AND NOW, upon the Defendants' Motion to Dismiss Adversary Complaint or, in the Alternative, to Abstain (the "Motion to Dismiss") 1 in the above-captioned adversary proceeding. AND, the Court having considered the Complaint, the Motion to Dismiss and the briefs and arguments in support and in opposition of the Motion to Dismiss. AND, this Court having jurisdiction to consider the relief requested by the Motion to Dismiss in accord..
More
ORDER
MAGDELINE D. COLEMAN, Chief Bankruptcy Judge.
AND NOW, upon the Defendants' Motion to Dismiss Adversary Complaint or, in the Alternative, to Abstain (the "Motion to Dismiss")1 in the above-captioned adversary proceeding.
AND, the Court having considered the Complaint, the Motion to Dismiss and the briefs and arguments in support and in opposition of the Motion to Dismiss.
AND, this Court having jurisdiction to consider the relief requested by the Motion to Dismiss in accordance with 28 U.S.C. §§157(b)(2)(H) and 1334.
It is hereby FOUND and DETERMINED that:
1. The Motion to Dismiss is GRANTED.
2. Counts II, III, and IV of the Complaint are DISMISSED with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6).
3. Counts I, V, VI, and VII of the Complaint having been previously dismissed by a final Order dated April 8, 2016, the Complaint is DISMISSED in its entirety with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6).
