Rafool v. Goldfarb Corp. (In Re Fleming Packaging Corp.)

OPINION

THOMAS L. PERKINS, Bankruptcy Judge.

Before the Court is the Motion filed by the Defendant, Joseph Andersen (ANDERSEN), for judgment on Counts III and IV of the amended complaint filed by Gary T. Rafool, Chapter 7 Trustee (TRUSTEE), on behalf of the Estate of Fleming Packaging Corporation (DEBTOR).

This adversary proceeding brought by the TRUSTEE includes several counts against former officers and directors of the DEBTOR, alleging breach of fiduciary duty and deepening insolvency. Count III of the amended complaint is against ANDERSEN and George Gialenios for breach of fiduciary duty and…