Klingerman v. ExecuCorp, LLC (In Re Klingerman)

ORDER DENYING DEFENDANTS’ MOTION TO DISMISS FOR LACK OF STANDING

A. THOMAS SMALL, Bankruptcy Judge.

The issue before the court is whether the plaintiff, Steven D. Klingerman, has standing to force the dissolution of the defendant limited liability corporation, Ex-ecuCorp, LLC. A hearing took place in Raleigh, North Carolina on April 9, 2008.

Steven D. Klingerman, who filed a petition for relief under chapter 11 of the Bankruptcy Code on October 30, 2007, was a founding member with defendant Bradley E. Parker of the defendant ExecuCorp, LLC. This adversary proceeding was brought by the debtor in…