Golub v. Perrin (In Re Perrin)

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The bankrupt has moved pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, as incorporated in Bankruptcy Rule 712(b), to dismiss the plaintiff’s complaint in this adversary proceeding on the ground that it fails to state a claim upon which relief can be granted.

The plaintiff is a judgment creditor, the surviving spouse and executrix of the estate of the late Melvin A. Buchalter, who was a partner with the bankrupt in a professional accounting firm. The complaint charges that the plaintiff’s judgment against the bankrupt, in the sum of…