Bricklayers & Trowel Trades International Pension Fund v. Wasco, Inc.

MEMORANDUM OPINION

TODD J. CAMPBELL, UNITED STATES DISTRICT JUDGE

Pending before the Court is an appeal of the Bankruptcy Court’s orders confirming Appellees’ Second Amended Joint Chapter 11 Plan and denying Appellants’ motion to dismiss. For the reasons set forth herein, the Court will reverse both orders.

I. Factual Background and Procedural History

Wasco, Inc. (“Wasco”) is one of the largest commercial masonry contractors in the region. Lovell’s Masonry, Inc. (“Lovell’s”) is a wholly owned subsidiary of Wasco that also engages in the masonry business. Wasco and Lovell’s (referred to herein as…