Oxford Bank & Trust Co. v. Poulos (In Re Blier Cedar Co.)

MEMORANDUM OF DECISION

CONRAD K. CYR, Bankruptcy Judge.

Oxford Bank & Trust Company [Oxford] moves to dismiss the defendant-trustee’s [trustee] second and fourth counterclaims under Bankruptcy Rule 712 and Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Oxford also seeks to strike the fourth affirmative defense of the trustee under Federal Rule of Civil Procedure 12(f) as insufficient and/or redundant.

Motion to Dismiss Second Counterclaim

The second counterclaim alleges that Oxford acted improvidently in granting the debtor a $400,000 loan…