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IN RE MOLL INDUSTRIES, INC.

Bankruptcy No. 10-11371 (MFW). Adversary No. 10-53291 (MFW).

454 B.R. 574 (2011)

In re MOLL INDUSTRIES, INC., et al., Debtors. The Official Committee of Unsecured Creditors of Moll Industries, Inc., et al., Plaintiff, v. Highland Capital Management L.P., Highland Legacy Ltd., Highland Loan Funding V Ltd., Longhorn Credit Funding LLC, Pam Capital Funding, LP, Pamco Cayman Ltd., Restoration Funding CLO, Ltd., Highland Crusader Offshore Partners, NexBank, SSB, Defendants.

United States Bankruptcy Court, D. Delaware.

August 3, 2011.

Attorney(s) appearing for the Case

Richard W. Riley, Esquire , Sommer L. Ross, Esquire , Duane Morris LLP, Wilmington, DE, Mark X. Mullin, Esquire , R. Thaddeus Behrens, Esquire , Haynes and Boone, LLP, Dallas, TX, for Secured Lender Defendants.

Daniel K. Hogan, Esquire , The Hogan Firm, Wilmington, DE, Michael G. Adams , Parker Poe Adams & Bernstein LLP, Charlotte, NC, for Highland Capital Management, L.P.

Thomas M. Horan, Esquire , Michael G. Busenkell, Esquire , Mark L. Desgrosseilliers, Esquire , Womble Carlyle Sandridge & Rice, LLP, Wilmington, DE, for the Official Committee of Unsecured Creditors.

MEMORANDUM OPINION1

MARY F. WALRATH, Bankruptcy Judge.

Before the Court are two motions to dismiss. In their motion to dismiss, the Secured Lenders contend that the Committee has failed to present sufficient allegations to state a claim that their claims should be recharacterized as equity or equitably subordinated, or that their security interest on one of the Debtors' bank accounts should be avoided. For the reasons...

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