IN RE SCOTT ACQUISITION CORP.

Bankruptcy No. 04-12594(PJW), Adversary No. 05-30112(PJW).

344 B.R. 283 (2006)

In re SCOTT ACQUISITION CORP., et al., Debtors. Montague S. Claybrook, as Chapter 7 Trustee for Debtors Scott Acquisition Corp. and its subsidiary Scotty's, Inc., Plaintiff, v. Thomas E. Morris, an individual, David Bost, an individual, Robert Pacos, an individual, Paul Dulfer, an individual, David James, an individual, Joe Patten, an individual, Douglas N. Bowne, an individual, and John Kelly, an individual, Defendants.

United States Bankruptcy Court, D. Delaware.

June 23, 2006.


Attorney(s) appearing for the Case

Laura Davis Jones, Bruce Grohsgal, Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., Wilmington, DE, Jeremy V. Richards, James K.T. Hunter, Jonathan J. Kim, Pachulski, Stang, Ziehl, Young, Jones & Weintraub P.C., Los Angeles, CA, for Defendants.

Christopher P. Simon, Erica N. Finnegan, Cross & Simon, LLC, Wilmington, DE, Craig P. Rieders, Brett M. Amron, Genovese Joblove & Battista, PA, Miami, FL, for Plaintiff.


MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the defendants' Thomas E. Morris, David Bost, Robert Pacos, Paul Dulfer, David James, Joe Patten, Douglas N. Bowne, and John Kelly's motion (Adv.Doc. # 17) to dismiss the Chapter 7 trustee's complaint against them. For the reasons discussed below, the Court will deny the motion.

BACKGROUND

Scotty's, Inc. is the wholly-owned subsidiary of Scott Acquisition...

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