Jack's Service of the United States, Inc. v. Sav-A-Stop, Inc. (In Re Sav-A-Stop, Inc.)

MEMORANDUM OPINION

GEORGE L. PROCTOR, Bankruptcy Judge.

This adversary proceeding is before the Court upon a motion to dismiss the amended counterclaim which seeks damages for abuse of process and malicious prosecution arising out of a lawsuit filed in the State of Oklahoma. The motion suggests that the counterclaim should be dismissed pursuant to Bankruptcy Rule 7012 and Federal Rule 12(b) for lack of standing and failure to state a claim upon which relief may be granted.

A hearing on this motion was held December 13, 1988, and upon stipulated facts and argument of counsel, the Court enters…