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IN RE GARCIA

Case No. 11-49950-CEC (Jointly Administered) Adv. Pro. No. 12-1085-CEC.

494 B.R. 799 (2013)

IN RE Peter J. GARCIA and Barbara Garcia, Debtors. Peter J. Garcia, Plaintiff, v. Michael Garcia, Joaquin Garcia, JMP Properties, LLC, and All-Boro Management Co. LLC, Defendants.

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

August 8, 2013.

Attorney(s) appearing for the Case

Michael T. Sucher, Esq. , 26 Court Street, Suite 2412, Brooklyn, NY 11242, Attorney for Plaintiff

Robert K. Gross, Esq. , Robert N. Swetnick, Esq. , EATON & VAN WINKLE LLP, 3 Park Avenue, New York, NY 10016, Attorneys for Defendants

Chapter 11

DECISION

CARLA CRAIG, Chief United States Bankruptcy Judge

Before the Court is the motion of Defendants to dismiss pursuant to Rule 12(b)(6) the complaint of Chapter 11 debtor and debtor-in-possession Peter J. Garcia ("Peter" or "Plaintiff").1 Defendants Michael Garcia ("Michael") and Joaquin Garcia ("Joaquin") (the "Individual Defendants") are relatives of Peter and members of corporate defendants...

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