Legal Opinion

Clippard v. LWD, Inc. (In Re LWD, Inc.)

United States Bankruptcy Court, W.D. Kentucky

Decided June 6, 2006No. 16-30773PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM-OPINION

THOMAS H. FULTON, Bankruptcy Judge.

THIS ADVERSARY PROCEEDING is before the Court on the Motion of K & B Capital, LLC, Robert Kattula and Maria Kattula to Dismiss Complaint (the “Instant Motion”). For the reasons discussed below, the Court denies the Instant Motion.

The Defendant-movants make several arguments as to why the Complaint of Plaintiff should be dismissed in its entirety or at least as to one or more of the Defendants. The Court addresses each argument in the order raised by the movants, as follows.

A. Whether “The Court Should Strike The Complaint Pursuant to Rule…

2Cases cited10 opinions

  1. Mayer v. MylodCourt of Appeals for the Sixth Circuit · 1993
  2. Cooper v. PateSupreme Court of the United States · 1964
  3. In Re Revco D.S., Inc., Debtors. Conrad J. Morgenstern, U.S. Trustee v. Revco D.S., Inc.Court of Appeals for the Sixth Circuit · 1990
  4. Bankr. L. Rep. P 73,583, 12 Ucc rep.serv.2d 549 in the Matter of Vitreous Steel Products Company, Debtor. Appeal of Lynn M. Miller, Trustee and Northern Indiana Public Service CompanyCourt of Appeals for the Seventh Circuit · 1990
  5. In re Merrill Lynch & Co.District Court, S.D. New York · 2003

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3Cited by10 opinions

  1. In Re Countrywide Home Loans, Inc.United States Bankruptcy Court, W.D. Pennsylvania · 2008
  2. In Re South Beach Securities, Inc.United States Bankruptcy Court, N.D. Illinois · 2007
  3. In Re DeShetlerUnited States Bankruptcy Court, S.D. Ohio · 2011
  4. In Re WilsonUnited States Bankruptcy Court, E.D. Louisiana · 2009
  5. In re Sunnyland Farms, Inc.United States Bankruptcy Court, D. New Mexico · 2014

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