Jr. Food Mart of Arkansas, Inc. v. T.A. Bone, Inc. (In re Jr. Food Mart of Arkansas, Inc.)

ORDER AND DIRECTIVE TO DEBTOR TO FILE AFFIDAVIT

MARY D. SCOTT, Bankruptcy Judge.

The matter before the Court is a Complaint filed by Jr. Food Mart of Arkansas, Inc. (“plaintiff,” “debtor,” or “Jr. Food Mart”) against T.A. Bone, Inc. and Jim Bone, Inc. (“defendants”). The complaint concerns a contract between the parties in which debtor is obligated to purchase gasoline from defendants. Debtor sues for partial breach of contract and asks the Court to sever and rescind the part of the contract that defendants allegedly breached. Defendants affirmatively plead impossibility of performance and…