Havik, Inc. v. Theodore H. Smyth Family Trust (In re Havik, Inc.)

*636ORDER ON DEPENDANTS’ MOTION TO DISMISS

HUGH ROBINSON, Bankruptcy Judge.

On July 24, 1981, Debtor/Plaintiff Havik Inc. (“Havik”) filed a Chapter 11 proceeding with this Court. In its petition Havik presented itself as the owner of property identified as Foxcroft Condominiums/Apartments (“Property”). According to Havik it purchased this property from a Georgia Ltd. Partnership known as Fox-croft Associates, Ltd. (“Foxcroft”) on June 12, 1981.

On June 28, 1981 Havik filed its complaint (Adversary Case No. 81-1337A) naming as defendants Anstalt Muralto (“Mural-to”) and the Theodore H. Smyth Family…