Pereira v. Binet (In Re Harvard Knitwear, Inc.)

DECISION ON MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CAUSE OF ACTION

JEROME FELLER, Bankruptcy Judge.

Defendant Naftoli Schlesinger, a/k/a Nat Schlesinger (“Schlesinger”) moves to dismiss, as to him, the complaint (“Complaint”) in the above-captioned adversary proceeding filed by John S. Pereira, the Chapter 7 Trustee (“Trustee”) of Harvard Knitwear, Inc. (“Harvard”) and Stephen Douglas, Ltd. (“Stephen Douglas”) (Harvard and Stephen Douglas are hereinafter collectively referred to as the “Company” or “Debtors”). The Complaint alleges that Schlesinger together with other defendants, in…