Cross Media Marketing Corp. v. CAB Marketing, Inc. (In Re Cross Media Marketing Corp.)

MEMORANDUM OF OPINION

MARTIN GLENN, Bankruptcy Judge.

This adversary proceeding, easily resolved once the merits are reached, presents a thicket of legal issues — post-confirmation subject matter jurisdiction, res judicata and other equitable defenses (and whether those unpleaded affirmative defenses were waived), standing to assert the claims contained in the complaint, amendment of the pleadings pursuant to Fed.R.Civ.P. 15 to conform to the pretrial order and proof, and choice of law— that must be cleared away before the merits of the claims can be reached. The plaintiffs, Cross Media…