Official Committee of Unsecured Creditors of Schlotzsky's, Inc. v. Grant Thornton, L.L.P. (In Re Schlotzsky's, Inc.)

DECISION ON DEFENDANT’S MOTION TO ABSTAIN AND MOTION TO DISMISS

LEIF M. CLARK, Bankruptcy Judge.

Before the court is defendant’s motion to abstain or in the alternative to dismiss for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and Rule 7012 of the Federal Rules of Bankruptcy Procedure. For the reasons stated, the defendant’s motion to abstain is denied. The defendant’s motion to dismiss for failure to state a claim is granted in part and denied in part.

BACKGROUND 1

The Creditors’ Committee has sued Grant Thornton for alleged auditing fail ures…