Lichtenstein v. MBNA America Bank, N.A. (In Re Computer Personalities Systems, Inc.)

MEMORANDUM OPINION

DIANE WEISS SIGMUND, Bankruptcy Judge.

Before the Court is defendant MBNA America, N.A.’s (“MBNA”) Motion to Dismiss Counts II through VII of Plaintiffs Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”). The plaintiff Lawrence Lichtenstein, Trustee (the “Trustee”) of the estate of Computer Personalities Systems, Inc. (“CPSI”), responded to the Motion by, inter alia, attaching a proposed Amended Complaint that he contends would cure deficiencies, if any, in the claims as originally pled. The parties agree that for the purpose of judging whether the…