Official Committee of Unsecured Creditors of Crowley, Milner & Co. v. Callahan (In Re Crowley, Milner & Co.)

OPINION GRANTING DEFENDANT DENNIS CALLAHAN’S MOTION TO DISMISS

PHILLIP J. SHEFFERLY, Bankruptcy Judge.

I. Introduction

This matter comes before the Court upon a motion to dismiss filed by Defendant, Dennis Callahan (“Callahan”). The motion to dismiss is made pursuant to Fed.R.Civ.P. 12(b)(6) and 56 as made applicable to this adversary proceeding by Fed. R. Bankr.P. 7012(b)(6) and 7056. The motion was heard by the Court on September 11, 2003. For the reasons set forth in this opinion, the motion to dismiss made pursuant to Fed.R.Civ.P. 12(b)(6) is denied and the motion to dismiss made pursuant to…