IN RE PITT PENN HOLDING COMPANY, INC.

Case No. 09-11475 (BLS), Jointly Administered, Adv. No. 11-51879, Related to Adv. Docket No. 6., 11, 15, 16, 18

In re: PITT PENN HOLDING COMPANY, INC., et al., Chapter 11, Debtors. INDUSTRIAL ENTERPRISES OF AMERICA, INC., Plaintiff, v. TABOR ACADEMY, HAWKEN SCHOOL, and THE LOU FREY INSTITUTE OF GOVERNMENT AND POLITICS, Defendants.

United States Bankruptcy Court, D. Delaware.

September 16, 2011.


Attorney(s) appearing for the Case

Christopher D. Loizides , LOIZIDES, P.A. Wilmington, DE, Adam Mitzner , PAVIA & HARCOURT LLP, New York, NY Counsel for Industrial Enterprises of America, Inc.

David S. Stratton , Michael J. Custer , John H. Schanne, II , PEPPER HAMILTON LLP, Wilmington, DE, D. Ross Martin , Andrew G. Devore , ROPES & GRAY LLP Boston, MA, Counsel for Tabor Academy.


OPINION1

BRENDAN LINEHAN SHANNON, Bankruptcy Judge.

Before the Court is the motion to dismiss (the "Motion") [Adv. No. 11-51879, Adv. Docket No. 6], filed by Tabor Academy ("Tabor"). By the Motion, Tabor seeks the dismissal of the complaint (the "Complaint") [Adv. No. 11-51879, Adv. Docket No. 1] of Industrial Enterprises of America, Inc., f/k/a Advanced Bio/Chem, Inc. ("IEAM" or the "Plaintiff"...

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