Burns v. First Bank (In Re Southeastern Materials, Inc.)

MEMORANDUM OPINION

THOMAS W. WALDREP JR., Bankruptcy Judge.

This matter came before the Court on June 6, 2011, upon the Motion to Dismiss (the “Motion”) filed by Defendant First Bank on April 8, 2011. The Motion sought to dismiss all counts of the Amended Complaint (the “Complaint”), filed by Plaintiff W. Joseph Burns (the “Trustee”) on March 18, 2011. Benjamin A. Kahn and Elizabeth M. Brantley appeared on behalf of First Bank. David F. Meschan and Martha R. Sacrinty appeared on behalf of the Trustee. As the Court announced at the end of the hearing, the Motion is granted as to the First…