Nadler v. John Knox Village (In re Triad Construction Co.)

MEMORANDUM OPINION

HONORABLE DENNIS R. DOW, UNITED STATES BANKRUPTCY JUDGE

This matter is before the Court on the Motion to Dismiss (the “Motion”) of defendant John Knox Village (“Defendant” or “JKV”). This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334(b) and 157(a) and (b). This is a core proceeding which this Court may hear and determine pursuant to 28 U.S.C. § 157(b)(2)(A) & (E). For all the reasons set forth below the Court will grant the Motion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On April 12, 2011, Triad Construction Company, Inc. (“Triad”) filed a bankruptcy…