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IN RE BANKS AUTO PARTS, INC.

Bankruptcy No. 07-32884-KRH. Adversary Nos. 07-3155, 07-3156.

385 B.R. 142 (2008)

In re BANKS AUTO PARTS, INC. and Fanapa USA, Inc. and Fanapa, LLC, Debtors. Banks Auto Parts, Inc. and Fanapa, LLC, Plaintiffs, v. Banks Investments I, LC, Olander Banks, Gregory Banks and Ronald Banks, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

February 12, 2008.

Attorney(s) appearing for the Case

Paula S. Beran, Lynn L. Tavenner, Tavenner & Beran, PLC, Richmond, VA, for Plaintiffs.

Donald F. King, Odin, Feldman & Pittleman, Fairfax, VA, for Defendants.

MEMORANDUM OPINION

KEVIN R. HUENNEKENS, Bankruptcy Judge.

Before the Court are Motions to Dismiss filed by the defendants, Banks Investments I., LC ("Banks Investments"), Olander Banks, Gregory Banks and Ronald Banks, pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure, incorporating Rule 12(b)(6) of the Federal Rules of Civil Procedure (the "Motions"). Hearing on the Motions was held on January 2, 2008, at which time the Court took...

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