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E xs civilization v wallpapers11/7/2023 ![]() Assignee shall have no obligation to take any action to prove or defend the Claim's validity or amount in the Proceedings. ![]() Assignor agrees that the powers granted by this paragraph are discretionary in nature and that Assignee may exercise or decline to exercise such powers at Assignee's sole option. Assignor grants unto Assignee full authority to do all things necessary to enforce the Claim and its rights thereunder pursuant to this Assignment of Claim. One of the relevant passages in the Assignments states:Īssignor hereby irrevocably appoints Assignee as its true and lawful attorney and authorizes Assignee to act in Assignor's stead, to demand sue for, compromise and recover all such amounts as now are, or may hereafter become due and payable for or on account of the Claim herein assigned. (Exhibit A to Complaint) The two Assignments state that they are worth $17,500 and $194,866.57, for a total of $212,366.57. The two Assignments of Claim (the "Assignments") are identical except for the amount of the claims. (Complaint at ¶ 6) In short, Plaintiff claims that Defendant failed to uphold a contractual duty to forward a notice from the IBC Bankruptcy Trustee and that Plaintiff was ultimately barred from collecting on the claims due this alleged breach of contract. IBC was a debtor in a Chapter 11 bankruptcy proceeding in the U.S Bankruptcy Court for the Western District of Missouri ("IBC Chapter 11"). (Complaint at ¶ 4, Exhibit A to Complaint) The Assignments of Claim gave Plaintiff rights to two claims that Defendant had against Interstate Bakeries Corporation ("IBC"). On October 14, 2004, Plaintiff Liquidity entered into and executed two Assignments of Claim with Defendant Procorp. This is a contract dispute involving the sale of two bankruptcy claims. The motion is denied with respect to the First and Third Causes of Action. For the reasons set forth below, Defendant's motion is granted with respect to the Second Cause of Action only. (Moving Brief at 1) Plaintiff Liquidity Solutions, Inc. ("Procorp") moves to dismiss the first three causes of action in the Plaintiff's Complaint for failure to state a claim. Pursuant to Federal Rule of Civil Procedure 12(b)(6), Defendant Procorp Images, Inc.
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