Discount Cigarette, Cigars, Inc. v. Franklin Supply, Inc. (In Re Discount Cigarette, Cigars, Inc.)

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Introduction

Discount Cigarette, Cigars, Etc., Inc. (“Discount”) sued Franklin Supply, Inc. (“Franklin”) for claims stemming from a dispute that preceded its September 4, 2004 chapter 11 filing. Discount’s scatter-shot complaint sought damages for breach of contract, defamation, malicious prosecution, abuse of right, civil conversion by proxy, negligent misrepresentation and fraud. Discount’s trustee continued to prosecute the suit after the case was converted to a chapter 7 liquidation. 1

Discount and Franklin consented to the bankruptcy…