Beitzell & Co. v. Federal Deposit Insurance Corp. (In Re Beitzell & Co.)

DECISION GRANTING IN .PART, DENYING IN PART THE FDIC’S MOTION TO DISMISS

S. MARTIN TEEL, Jr., Bankruptcy Judge.

The court considers a motion to dismiss for failure to state a claim upon which relief can be granted, filed by the Federal Deposit Insurance Corporation (“FDIC”), as Receiver for the National Bank of Washington (“NBW”), and the opposition thereto filed by the debtor, Beitzell & Co., Inc. (“Beitzell”).

The FDIC’s motion to dismiss should be denied unless it appears beyond doubt that Beitzell can prove no set of facts in support of its claims that would entitle it to relief. See Conley…