Harder v. Excel Seeds, LLC (In re Loganbill)

MEMORANDUM OPINION

HONORABLE DENNIS R. DOW, UNITED STATES BANKRUPTCY JUDGE

This matter is before the Court on the Motion for Partial Dismissal of Claims (the “Motion”) of defendant Excel Seeds, LLC (“Excel”). 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). For all the reasons set forth below, the Court will grant the Motion as to Counts I and II.

I. FACTUAL AND PROCEDURAL BACKGROUND

Debtors filed a Chapter 12 bankruptcy petition on August 1, 2011.…