Smith v. Richels (In Re Richels)

MEMORANDUM OPINION

DOUGLAS O. TICE, Jr., Bankruptcy Judge.

Hearing was held on November 23, 1993, on the motion of Berlin-Miles-Richels, Inc., (BMR) and Berlin-Miles-Richels Investments, Inc., (BMRI) to dismiss plaintiff chapter 7 trustee’s complaint to avoid a fraudulent transfer of property pursuant to 11 U.S.C. §§ 544(b), 548(a) and 550(b). The motion to dismiss alleges lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. See Fed. R.Bankr.P. 7012(b) and Fed.R.Civ.P. 12(b)(1) and (6). For reasons stated in this opinion the motion to dismiss will…