HDR Farms Incorporated Liquidating Trust v. Applied Botanics LLC f/k/a XSI USA, LLC

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF KENTUCKY LEXINGTON DIVISION IN RE HDR FARMS INCORPORATED CASE NO. 20-50888 DEBTOR HDR FARMS INCORPORATED PLAINTIFF LIQUIDATING TRUST V. ADV. NO. 21-5166 APPLIED BOTANICS LLC f/k/a XSI DEFENDANT USA, LLC, et al. MEMORANDUM OPINION AND ORDER DENYING SUMMARY JUDGMENT (Laubach & Cozen O’Connor) The Plaintiff alleges that the Defendant Kawel Laubach, an officer and director of the Debtor HDR Farms Incorporated (“HDR Farms”), breached his fiduciary duty to the company and committed fraud by creating a new entity, XSi USA Inc. (“XSi USA”). The…