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IN RE BROOKE CORP.

Bankruptcy No. 08-22786. Adversary No. 10-6245.

470 B.R. 594 (2012)

In re BROOKE CORPORATION, et al., Debtors. Christopher J. Redmond, Chapter 7 Trustee of Brooke Corporation, Brooke Capital Corporation (f/k/a Brooke Franchise Corporation), and Brooke Investments, Inc.; and Brooke Agency Services Company LLC, Plaintiffs, v. The Bank of New York Mellon, BNY Asset Solutions LLC; Textron Business Services, Inc.; Brooke Acceptance Company LLC; Brooke Captive Credit Company 2003, LLC; Brooke Securitization Company 2004A, LLC; Brooke Capital Company, LLC; Brooke Securitization Company V, LLC; Brooke Securitization Company 2006-1, LLC; and Brooke Credit Funding, LLC, Defendants.

United States Bankruptcy Court, D. Kansas.

May 15, 2012.

Attorney(s) appearing for the Case

Douglas J. Schmidt , John J. Cruciani , Michael D. Fielding , Sean D. Tassi , Husch Blackwell LLP, Kansas City, MO, for Plaintiffs.

Mark G. Stingley , Bryan Cave LLP, John W. McClelland , Kansas City, MO, Michelle M. Suter , Leawood, KS, Steven R. Smith , Perkins Coie LLP, Dallas, TX, for Defendants.

BNY Asset Solutions LLC, pro se.

Brooke Acceptance Company, LLC, pro se.

Brooke Captive Credit Company 2003, LLC, pro se.

Brooke Securitization Company 2004A, LLC, pro se.

Brooke Capital Company, LLC, pro se.

Brooke Securitization Company V, LLC, pro se.

Brooke Securitization Company 2006-1, LLC, pro se.

Brooke Credit Funding, LLC, pro se.

MEMORANDUM OPINION GRANTING MOTION TO DISMISS FILED BY TEXTRON BUSINESS SERVICES, INC.

DALE L. SOMERS, Bankruptcy Judge.

Textron Business Services, Inc. (Textron),1 has moved to dismiss2 claims of the Trustee and Brooke Agency Services Company LLC (BASC)3 for breach of contract for failing to "set aside and distribute" amounts due them for "Level III CP services provided...

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