Schwinn Plan Committee v. AFS Cycle & Co. (In Re Schwinn Bicycle Co.)

MEMORANDUM OPINION INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW ON FAIRLY BIKE AND MING-TAY’S MOTIONS TO DISMISS

JACK B. SCHMETTERER, Bankruptcy Judge.

This Adversary proceeding relates to bankruptcy cases filed by Schwinn Bicycle Co. and various related entities (collectively “Debtor” or “Schwinn”) under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 101 et seq. Schwinn’s liquidating Plan was confirmed. On October 3, 1994, as permitted by the confirmed Plan, Plaintiff Schwinn Plan Committee (“Plaintiff’ or “Committee”) filed the instant Adversary Complaint against a number of defendants,…