IN RE LOIS/USA, INC.

Bankruptcy Nos. 99 B 45910(REG), 99 B 11026, 99 B 11025. Adversary No. 00-2350.

283 B.R. 382 (2002)

In re LOIS/USA, INC., Lois/USA New York, Inc. Lois/USA Chicago, Inc., Debtors. The Official Committee of Unsecured Creditors of Lois/USA, Inc., Lois/USA New York, Inc., Lois/USA Chicago, Inc., Plaintiff, v. Conseco Finance Servicing Corp. f/k/a Green Tree Financial Corp., and General Electric Capital Corporation, Defendants.

United States Bankruptcy Court, S.D. New York.

September 10, 2002.


Attorney(s) appearing for the Case

Blodnick, Gordon, Fletcher & Sibell, PC, By Robert D. Goldaber and Jules A. Epstein, Westbury, NY, for Plaintiff Official Committee of Unsecured Creditors.

Togut, Segal & Segal, LLP, By Frank A. Oswald, New York City, for Debtor.

Latham & Watkins, By James A. Cherney, Chicago, IL, By Roland Young, New York City, for Conseco Finance Servicing Corporation, f/k/a Green Tree Financial Corporation.

Cahill, Gordon & Reindel, By Thomas J. Kavaler, Susan Buckley, Janet A. Beer and Benjamin L. Zazove, New York City, for General Electric Capital Corp.


MEMORANDUM DECISION AND ORDER ON MOTION OF GENERAL ELECTRIC CAPITAL CORPORATION TO DISMISS FOURTH AND FIFTH CLAIMS FOR RELIEF PURSUANT TO FED R. CIV. P. 9(b) FOR FAILURE TO PLEAD FRAUD WITH PARTICULARITY

ROBERT E. GERBER, Bankruptcy Judge.

As it did before, with respect to the First Amended Complaint1 of the plaintiff Official Committee of Unsecured Creditors of Lois/USA (the "Committee...

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