Citrus Tower Boulevard Imaging Center, LLC v. Key Equipment Finance, Inc. (In re Citrus Tower Boulevard Imaging Center, LLC)

ORDER GRANTING DEFENDANT’S MOTION TO DISMISS

MARY GRACE DIEHL, Bankruptcy Judge.

This is an action brought by Debtor against its lender, Key Equipment Finance, Inc. (“Key”). Debtor was formed to build out an imaging center that would be leased to participating physicians. Debtor and Key entered into a Master Lease and Progress Payment Loan and Security Agreement in January 2010 to finance the build-out and to purchase necessary equipment. Key disbursed funds under the Progress Payment Loan based upon Debtor’s written requests. Debtor alleges that Key distributed approximately $3.9 million…