Nickless v. Aaronson (In re Katz)

MEMORANDUM OF DECISION ON DEFENDANTS’ MOTION TO DISMISS COUNTS I THROUGH VII OF THE AMENDED COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION

JOEL B. ROSENTHAL, Bankruptcy Judge.

Before the Court is the Defendants’ Motion to Dismiss Counts I through VII of the Amended Complaint for Lack of Subject Matter Jurisdiction [# 34] and the Trustee’s Opposition thereto [# 39]. The Motion to Dismiss seeks a dismissal of all counts on the grounds that the Amended Complaint is, at its essence, an impermissible attempt to have this Court exercise jurisdiction over assets of a partnership in which the Debtor…