Hoffman v. Barbara (In Re Hoffman)

MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT TVO BARBARA’S MOTION TO DISMISS

ALAN S. TRUST, Bankruptcy Judge.

Came before this Court by submission the Motion to Dismiss Adversary (the “Motion”) filed on January 14, 2009 by Defendant Ivo Barbara (“Barbara”), [dkt item 6] By this Motion, Barbara seeks dismissal of this adversary proceeding pursuant to Bankruptcy Rule 7012 “on the ground that same is patently deficient on its face as a matter of law,” and seeks sanctions pursuant to Bankruptcy Rule 9011(b). An Affirmation in Opposition was filed by Plaintiff and Debtor,…