Maple v. Colonial Orthopaedics, Inc. (In Re Maple)

MEMORANDUM OPINION

KEVIN R. HUENNEKENS, Bankruptcy Judge.

Before the Court is a motion to dismiss filed by the defendant in this adversary proceeding. Hearing on the motion (the “Hearing”) was held on May 12, 2010, at which time the Court took the matter under advisement. For the reasons set forth below, the Court will deny the motion in part and grant the motion in part.

Procedural Background

On January 22, 2010 (the “Petition Date”), debtors and plaintiffs Marcellus and Anet Maple (the “Plaintiffs”) filed a voluntary petition for relief under Chapter 13 of Title 11 of the United States Code…