J.T. Moran Financial Corp. v. Jesup & Lamont Inc. (In Re J.T. Moran Financial Corp.)

DECISION ON MOTION FOR RELIEF PURSUANT TO BANKRUPTCY RULE 7012

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Defendant, Jesup & Lamont, Inc. (“Jes-up”), has moved pursuant to Fed.R.Civ.P. Rule 12(b)(6) and Bankruptcy Rule 7012(b) to dismiss the second, third and fourth claims asserted in the above-captioned debtors’ adversary proceeding to recover damages allegedly sustained because of Jesup’s failure to perform certain provisions contained in an assets purchase agreement between the parties.

The debtors, J.T. Moran Financial Corp. and Moore & Schley, Cameron & Co., are affiliated entities engaged in…