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IN RE DBSI, INC.

Bankruptcy No. 08-12687 (PJW). Adversary Nos. 10-51302 (PJW), 10-51309(PJW).

447 B.R. 243 (2011)

In re DBSI, INC., et al., Debtors. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBSI Realty Inc., DCJ Inc., and DBSI Real Estate Funding Corporation, DBSI Investments Limited Partnership; and DBSI Redemption Reserve Fund, Plaintiffs, v. Walter E. Mott, Defendant. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBSI Realty Inc., DCJ Inc., DBSI Real Estate Funding Corporation, and DBSI 2001A Funding Corporation; Investments Limited Partnership; and DBSI Redemption Reserve Fund, Plaintiffs, v. John Foster, Defendant.

United States Bankruptcy Court, D. Delaware.

January 11, 2011.

Attorney(s) appearing for the Case

Donna L. Harris , Patricia R. Uhlenbrock , Pinckney, Harris & Weidinger, LLC, Wilmington, DE, for Defendants Walter E. Mott and John D. Foster.

William R. Firth , Gibbons P.C., Wilmington, DE, Brian J. McMahon , Gibbons P.C., Newark, NJ, for James R. Zazzali, as Trustee for the DBSI Estate Litigation Trust.

MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motions (Doc. # 15) of Walter E. Mott and John D. Foster (collectively, the "Defendants") to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of Bankruptcy Procedure 7012 the Amended Complaints (the "Complaints") of James R. Zazzali, as trustee ("Trustee") for the estates of DBSI, Inc. ("DBSI") and certain affiliated Chapter 11 debtors (collectively...

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