IN RE LWD, INC.

Bankruptcy Nos. 03-51021, 03-51023, 03-51024, 03-51022, 03-51019, 03-51018, 03-51373, Adversary No. 06-5016.

342 B.R. 514 (2006)

In re LWD, INC., Debtor. In re LWD Trucking, Inc., Debtor. In re LWD Sanitary Landfill, Inc., Debtor. In re LWD Land Company, Inc., Debtor. In re LWD Field Services, Inc., Debtor. In re LWD Equipment, Inc., Debtor. In re General Environmental Services, LLC, Debtor. Richard F. Clippard, United States Trustee, Plaintiff, v. LWD, Inc., et al., Defendants.

United States Bankruptcy Court, W.D. Kentucky, Paducah Division.

June 6, 2006.


Attorney(s) appearing for the Case

Mark C. Whitlow, Whitlow, Roberts, Houston & Straub, PLLC, Paducah, KY, Gregory R. Schaaf, Andrew David Stosberg, Lexington, KY, Richard J. Bernard, Douglas E. Spelfogel, Garden City, NY, Jeff S. Taylor, Jeff S. Taylor, P.S.C., Owensboro, KY, for LWD, Inc., Debtor.

Jeff S. Taylor, Jeff S. Taylor, P.S.C., Owensboro, KY, for LWD Trucking, Inc., LWD Sanitary Landfill, Inc., LWD Land Company, Inc., LWD Equipment, Inc., Debtors.

Mark C. Whitlow, Jeff S. Taylor, P.S.C., Paducah, KY, for LWD Field Services, Inc., Debtor.


MEMORANDUM-OPINION

THOMAS H. FULTON, Bankruptcy Judge.

THIS ADVERSARY PROCEEDING is before the Court on the Motion of K & B Capital, LLC, Robert Kattula and Maria Kattula to Dismiss Complaint (the "Instant Motion"). For the reasons discussed below, the Court denies the Instant Motion.

The Defendant-movants make several arguments as to why the Complaint of Plaintiff should be dismissed in its entirety or at least as to one or more of the Defendants...

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