Easterly Construction Co. v. Vantage Construction LLC (In Re Easterly Construction Co.)

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Debtor Easterly Construction Company, Inc. sued the defendants for wrongfully seizing and selling its assets. The debtor’s first amended and supplemental complaint also alleges that defendant Jeff Purpera, Jr., its accountant, breached fiduciary duties. Purpera moves to dismiss the amended complaint under Fed. R. Bankr.P. 7012(b)(1) (lack of jurisdiction) and (6) (failure to state a claim upon which relief can be granted).

Allegations of the Amended Complaint

The amended complaint alleges that defendant Vantage Construction Company, LLC…