IN RE DBSI, INC.

Bankruptcy No. 08-12687 (PJW). Adversary No. 10-56163 (PJW).

468 B.R. 663 (2011)

In re DBSI, INC., et al., Debtors. James R. Zazzali, as Litigation Trustee for the DBSI Estate Litigation Trust, Plaintiff, v. David Ryan Minert, Roy L. Nelson and Nelson & Minert PLLC, Defendants.

United States Bankruptcy Court, D. Delaware.

December 30, 2011.


Attorney(s) appearing for the Case

Thomas E. Hanson, Jr. , Eric J. Monzo , Brett M. McCartney , Morris James LLP, Wilmington, DE, for Defendants David Ryan Minert, Roy L. Nelson and Nelson & Minert PLLC.

Natasha Songonuga , Gibbons P.C., Wilmington, DE, Brian J. McMahon , Debra A. Clifford , Gibbons P.C., Newark, NJ, for James R. Zazzali, Litigation Trustee for the DBSI Estate Litigation Trust.


MEMORANDUM OPINION

PETER J. WALSH, Bankruptcy Judge.

This opinion is with respect to the motion to dismiss (the "Motion") filed by David Ryan Minert ("Minert"), Roy L. Nelson ("Nelson"), and Nelson & Minert PLLC ("N & M", and together with Nelson and Minert, "Defendants"). (Doc. # 8.) The Motion is seeking to dismiss the complaint (the "Complaint") of James R. Zazzali, Litigation Trustee ("Plaintiff) for the DBSI Estate Litigation Trust. (Doc. #...

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