Official Committee of Unsecured Creditors of the Adoni Group, Inc. v. Capital Business Credit, LLC (In re Adoni Group, Inc.)

MEMORANDUM DECISION GRANTING MOTION TO DISMISS PLAINTIFF’S FIRST AND SECOND CLAIMS FOR RELIEF

MICHAEL E. WILES, UNITED STATES BANKRUTPCY JUDGE

Before the Court is the motion (the “Motion”) by defendant Capital Business Credit, LLC (“Capital”) to dismiss two of the three claims alleged by the Official Committee of Unsecured Creditors (the “Committee”) in its Complaint. The Committee alleges that a UCC-1 initial financing statement was filed by Capital one day before Capital signed a security agreement with The Adoni Group, Inc. (the “Debtor”). The Committee further contends that the filing of…