Zaremba v. Federal Insurance (In Re Continental Capital Investment Services, Inc.)

MEMORANDUM OF DECISION AND ORDER REGARDING MOTION TO DISMISS

MARY ANN WHIPPLE, Bankruptcy Judge.

This adversary proceeding is before the court on Plaintiffs Motion to Dismiss Counterclaim [Doc. # 34], Defendant’s opposition [Doc. # 36], Plaintiffs reply [Doc. # 38], and Defendant’s sur-reply [Doc. #42], This action was commenced in connection with an underlying broker-dealer liquidation proceeding brought against Continental Capital Investment Services, Inc. (“CCIS”), and Continental Capital Securities, Inc.(“CCS”), (collectively, “Debtors”). Plaintiff is the liquidation trustee appointed under…