Great Southern Co. v. Allard (In Re Allard)

MEMORANDUM OPINION

JOHN H. SQUIRES, Bankruptcy Judge.

This matter comes before the Court on the motion to dismiss filed by Alfred A. Allard and Sharon A. Allard (the “Defendants”), pursuant to Federal Rule of Bankruptcy Procedure 7012(b), by which they seek a dismissal with prejudice of the complaint filed by The Great Southern Co. and Great Entertainment Merchandise, Inc. (the “Plaintiffs”). For the reasons stated herein, the Court holds that the Plaintiffs lack standing under 11 U.S.C. § 544(b) to invoke a bankruptcy trustee’s avoidance power. Thus, the Court grants the motion and dismisses…