Szostek v. Texas State Comptroller of Public Accounts (In Re Szostek)

MEMORANDUM DECISION AND ORDER GRANTING TEXAS STATE COMPTROLLER OF PUBLIC ACCOUNTS’ MOTION TO DISMISS ADVERSARY PROCEEDING PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6)

LEIF M. CLARK, Bankruptcy Judge.

Came on for consideration the foregoing matter. On July 28, 2009, James T. Szos-tek (“James”) and his wife, Mary Alice Szostek (“Mary,” and, together with James, the “Debtors”), filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. On September 22, 2009, the Debtors filed a complaint (the “Complaint”) against the Texas Comptroller of Public Accounts (the “Defendant”…