Luzinski v. Peabody & Arnold LLP (In Re Gosman)

ORDER AFFIRMING BANKRUPTCY COURT’S ORDER; DISMISSING APPEAL; AS CLOSING CASE

ALAN S. GOLD, District Judge.

THIS CAUSE comes before the Court on Appellant Luzinski’s appeal of the Bankruptcy Court’s Order (the “Order”) dated March 9, 2007 granting Appellee Peabody & Arnold’s (“Peabody”) Motion for Reconsideration and Dismissing Counts I, III, and IV of the Second Amended Complaint. As explained in more detail below, Trustee Luzinski appeals the Bankruptcy Court’s dismissal of Count I based on the in pari delicto doctrine. Because the other Counts were dismissed on alternative grounds that were…