Messier v. Filene's (In Re Messier)

DECISION AND ORDER

ARTHUR N. VOTOLATO, Jr., Bankruptcy Judge.

Before the Court in these consolidated Adversary Proceedings is the Defendants’ 1 Motion to Dismiss the Complaint(s) for failure to state a claim upon which relief can be granted. Fed.R.Bank.P. 7012(b), incorporating by reference Fed.R.Civ.P. 12(b)(6) (the “Motion to Dismiss”).

I. PROCEDURAL BACKGROUND

In ruling upon a Motion to Dismiss, the Court presumes the well-pleaded allegations of the Complaint to be true, and will deny the motion “unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his…