Freeland v. CPA Warehouse (In re Livemercial Aviation Holding, LLC)

MEMORANDUM AND ORDER OF FINAL DETERMINATION OF THE DEFENDANTS’ MOTION TO DISMISS

J. PHILIP KLINGEBERGER, Bankruptcy Judge.

This Adversary Proceeding was initiated by a complaint filed by Daniel L. Freeland, Trustee of the Chapter 7 bankruptcy estate of Livemercial Aviation Holding, LLC [Livemercial] (Freeland hereinafter, “Trustee”), on August 31, 2012. An amended complaint was filed on September 18, 2012. On October 14, 2012, the defendants CPA Warehouse (“CPA”) and *60Johnny Mathis (“Mathis”) filed a motion to dismiss the amended complaint. The motion to dismiss states three separate bases upon…