Clark Ex Rel. Clark v. Palm Harbor Homes, Inc. (In Re Clark)

MEMORANDUM AND ORDER

LAMAR W. DAVIS, JR., Bankruptcy Judge.

Debtor filed for Chapter 13 on October 3, 2006. On February 8, 2008, Debtor filed an adversary proceeding, and on July 8, 2008, Defendants Palm Harbor Homes, Inc. (“PHH”), Scott Lamirand (“Scott”), and Michael Marx (“Marx”) filed a Motion to Dismiss Debtor’s adversary. On August 11, 2008, Debtor filed a brief in response to the Motion to Dismiss. After a hearing on the merits, I now enter the following Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

Debtor contracted with Defendant PHH to purchase a new Palm Harbor modular home…