CP Yorketown, Inc. v. Fidelity America Mortgage Co. (In Re Fidelity America Mortgage Co.)

OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

The instant case is before us on a motion filed by the debtor requesting the dismissal of three complaints filed against it. We conclude that the complaints filed against the debtor state a cause of action and we will, consequently, deny the motion to dismiss and permit the actions to proceed to trial.

The facts of the instant case are as follows: 1 On February 4,1981, Fidelity Amer-ica Mortgage Company and its subsidiaries (FAMCO) filed petitions for reorganization under chapter 11 of the Bankruptcy Code (“the Code”). Prior to that time FAMCO had…