Lefkowitz v. Michigan Trucking, LLC (In Re Gainey Corp.)

OPINION REGARDING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JAMES D. GREGG, Chief Judge.

I. ISSUE.

Has Barry P. Lefkowitz (the “Liquidation Trustee” or “Trustee”) stated a valid cause of action against Michigan Trucking LLC (“Michigan Trucking”) to recover damages, or for a declaratory judgment regarding recovery of possible damages, arising from preconfirmation tort claims asserted, or that may be asserted, by third persons, such as insurance companies? WTien does a tort claim, or loss, first arise: when the tort or loss occurred or when the request or demand for payment is…