United States Bankruptcy Court, W.D. Michigan May 6, 2011, 18-04107 (Lefkowitz v. Michigan Trucking, LLC (In Re Gainey Corp.))

OPINION REGARDING DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JAMES D. GREGG, Chief Judge.

I.

ISSUE.

Has Barry P. Lefkowitz (the “Liquidation Trustee” or “Trustee”) stated a valid cause of action against Michigan Trucking LLC (“Michigan Trucking”) to recover damages, or for a declaratory judgment regarding recovery of possible damages, arising from preconfirmation tort claims