Apex Automotive Warehouse, L.P. v. WSR Corp. (In Re Apex Automotive Warehouse, L.P.)

MEMORANDUM OPINION

ERWIN I. KATZ, Bankruptcy Judge.

This matter comes before the Court on the motion of defendant WSR Corporation (‘WSR”) to dismiss the Amended Complaint of Apex Automotive Warehouse, L.P. (“Apex” or the “Debtor”). On or about December 6, 1994, Apex entered into a stock purchase agreement (“SPA”) with WSR pursuant to which Apex purchased all of the outstanding stock of The Whitlock Corporation (“stores that sell automotive parts”). On October 5, 1995, Apex filed a complaint (the “Original Complaint”) against WSR in the United States District Court for the Northern District of…