Barber & Ross Co. v. Wachovia Bank, N.A. (In re Barber & Ross Co.) (Case No. 07-50546; A.P. No. 09-05083) 04/05/2010
In an adversary proceeding concerning a pre-bankruptcy commercial lending relationship between the debtor and Wachovia Bank National Association, Wachovia filed a motion to dismiss certain counts in the debtor’s amended complaint pursuant to Bankruptcy Rule 7012(b) for failure to state a claim upon which relief could be granted. The counts considered were for breach of contract, tortious interference with a business expectancy, constructive fraud, breach of the duty of good faith and fair dealing, failure to act in a commercially reasonable manner, and punitive damages. The Court granted in part and denied in part the motion to dismiss.