Hoye v. McCoy (In Re McCoy)

MEMORANDUM OPINION AND ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

On February 21, 1991, James Walter McCoy (Debtor) filed his Voluntary Petition for Relief under Chapter 7. On April 24, 1992, Sanford L. Hoye and Eileen K. Hoye, individually and derivatively as Shareholders of Health Care Associates, Inc. (HCA) and Sanford Office Park of Boynton Beach, Inc. (Sanford) (Plaintiffs), commenced an adversary proceeding. The Plaintiffs in their two Count Complaint sought a declaration that the alleged liability of the Debt- or in the amount of $505,846.00 shall be excepted from the…