Haskell v. Goldman, Sachs & Co. (In Re Genesis Health Ventures, Inc.)

AMENDED OPINION ON JOINT MOTION TO DISMISS

JUDITH H. WIZMUR, Bankruptcy Judge.

The defendants jointly move to dismiss the plaintiffs’ complaint in its entirety because it is time-barred under section 1144, because it violates the order of confirmation, because it is barred by the doctrines of res judicata and/or collateral estoppel, and because it fails to assert a claim for fraud with specificity as required by Rule 9(b). I conclude that plaintiffs’ complaint as against the debtor is barred by operation of section 1144 and the order of confirmation, and must therefore be dismissed. Plaintiffs’…