IN RE ICARUS HOLDINGS

Bankruptcy No. 01-55662-JDW, Adversary Nos. 02-5081, 02-5069.

290 B.R. 171 (2002)

In re ICARUS HOLDINGS, LLC, f/k/a Piedmont Hardwood Flooring, LLC, Debtor. Edwards Wood Products, Inc., and Icarus Holdings, LLC, f/k/a Piedmont Hardwood Flooring, LLC, Plaintiffs, v. Bert F. Thompson, Southern Wood Services, LLC, and Thompson Land and Timber Company, LLC., Defendants. Bert F. Thompson and Icarus Holdings, LLC, f/k/a Piedmont Hardwood Flooring, LLC, Plaintiffs, v. Baillie Lumber Company, LP, Defendant.

United States Bankruptcy Court, M.D. Georgia, Macon Division.

October 10, 2002.


Attorney(s) appearing for the Case

Grant T. Stein, Sean C. Kulka, Atlanta, GA, for Debtor in Possession.

Hubert C. Lovein, Jr., Macon, GA, for Bert F. Thompson, Southern Wood Services, LLC, and Thompson Land & Timber Co.

J. Ellsworth Hall, IV, John F. Kennedy, Macon, GA, for Edwards Wood Products, Inc.

Ed S. Sell, III, Tilman E. Self, III, Macon, GA, for Baillie Lumber Co., LP.

Ward Stone, Jr., Macon, GA, for the Official Committee of Unsecured Creditors.


MEMORANDUM OPINION

JAMES D. WALKER, Jr., Bankruptcy Judge.

This matter comes before the Court on Plaintiff Bert F. Thompson's Complaint for Injunctive Relief and on Plaintiff Edwards Wood Products, Inc.'s Complaint for Damages. Both proceedings have raised the issue of who may sue the principal of a debtor in possession under an alter ego theory. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(O). After considering the pleadings, the...

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