IN RE STUDENT FINANCE CORP.

Bankruptcy No. 02-11620-JBR. Adversary No. 04-58003. Civ.A. No. 05-72-JJF.

334 B.R. 776 (2005)

In re STUDENT FINANCE CORPORATION, Debtor. Charles A. Stanziale, Jr., Chapter 7 Trustee of Student Finance Corporation, Plaintiff, v. McGladrey & Pullen, LLP, and Michael Aquino, Defendants.

United States Bankruptcy Court, D. Delaware.

December 20, 2005.


Attorney(s) appearing for the Case

Christopher A. Ward, Bayard Firm, Wilmington, DE, of Counsel: Donal C. Crecca, Jeffrey T. Testa, Schwartz, Tobia, Stanziale, Sedita & Campisano, P.A., Montclair, NJ, for Plaintiff Charles A. Stanziale, Jr., Chapter 7 Trustee of Student Finance Corporation.

Michael R. Lastowski, Christopher M. Winter, Duane Morris LLP, Wilmington, DE, of Counsel: Richard P. Swanson, Veronica E. Rendon, Jason M. Butler, Thelen Reid & Priest LLP, New York City, for Defendants McGladrey & Pullen, LLP and Michael Aquino.


MEMORANDUM OPINION

FARNAN, District Judge.

Pending before the Court is Defendants' Motion To Dismiss Pursuant to Fed. R. Bankr.P. 7012 And Fed.R.Civ.P. 12(b) (D.I.7), seeking dismissal of all counts of the Complaint. For the reasons set forth below, the Court will grant the Motion in part and deny the Motion in part.

BACKGROUND

This action was filed by Charles A. Stanziale, Jr. (the "Trustee"), the Chapter 7 Trustee of Student Finance...

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