24 B 14358, 25 A 133
Plaintiff filed an amended complaint in an adversary proceeding seeking relief on four causes of action: 1) objection to a claim pursuant to 11 U.S.C. § 502, 2) tortious interference with business relations, 3) breach of contract, and 4) equitable relief pursuant to 11 U.S.C. § 105. Defendant moved to dismiss the amended complaint, arguing Plaintiff failed to state a claim for relief Fed. R. Civ. P. 12(b)(6) and the court does not have jurisdiction over the claims pursuant to Fed. R. Civ. P. 12(b)(1). HELD: Plaintiff’s objection to a claim that was never filed in the bankruptcy case is unripe, moot, and non-justiciable, and the court lacks subject matter jurisdiction over Counts I and IV. Without Counts I and IV, the court does not have subject matter jurisdiction over Counts II and III because those claims were abandoned by the trustee and do not affect the value of the estate or the allocation of property to creditors. Even if the court had jurisdiction over Counts II and III, those claims are barred by the doctrine of res judicata, and the amended complaint fails to state a claim for relief for those causes of action.