IN RE FOOD MANAGEMENT GROUP, LLC

Bankruptcy Nos. 04-22880 (ASH), 04-22890 (ASH) to 04-22892 (ASH), 04-04-20312 (ASH). Adversary No. 07-08221 (MG).

380 B.R. 677 (2008)

In re FOOD MANAGEMENT GROUP, LLC, KMA I, Inc., KMA II, Inc., KMA III, Inc., Bronx Donut Bakery, Inc., Debtor. Janice Grubin, in her capacity as Chapter 11 Trustee for Debtors Food Management Group, LLC, KMA I, Inc., KMA II, Inc., and Bronx Donut Bakery, INC. Plaintiff, v. Robert L. Rattet; Jonathan S. Pasternak; Rattet Pasternak & Gordon Oliver, LLP, Defendants.

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

January 23, 2008.


Attorney(s) appearing for the Case

White Flesher & Fino, LLP, by Gil M. Coogler, Esq., New York, NY, Duane Morris & Heckscher LLP, by John Collen, Esq., Chicago, IL, Co-Counsel for Robert L. Rattet, Jonathan S. Pasternak and Rattet, Pasternak & Gordon Oliver, LLP.

Drinker Biddle & Reath LLP, by Warren von Credo Baker, Esq., Chicago, IL, Counsel for Janice B. Grubin, Chapter 11 Trustee for Food Management Group, LLC, KMA I, Inc., KMA II, Inc., KMA III, Inc., and Bronx Donut Bakery, Inc.


MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

MARTIN GLENN, Bankruptcy Judge.

This case raises important issues concerning the integrity of the bankruptcy process. If the allegations in the adversary complaint filed by the chapter 11 trustee, Janice B. Grubin ("Grubin" or "Trustee"), are proven, the former counsel for the debtors engaged in serious wrongdoing. Pending before the Court is a motion to dismiss...

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