SIGNED this 30th day of August, 2006.
________________________________________ LEIF M. CLARK UNITED STATES BANKRUPTCY JUDGE
United States Bankruptcy Court
Western District of Texas San Antonio Division
BANKR. CASE NO.
SCHLOTZSKY’S, INC., ET AL.,
THE OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF SCHLOTZSKY’S, INC.
ADV. NO. 05-5109
GRANT THORNTON, L.L.P.
DECISION ON DEFENDANT’S MOTION TO ABSTAIN AND MOTION TO DISMISS
Before the court is defendant’s motion to abstain or in the alternative to dismiss for
failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure and
Rule 7012 of the Federal Rules of Bankruptcy Procedure. For the reasons stated, the defendant’s
motion to abstain is denied. The defendant’s motion to dismiss for failure to state a claim is
granted in part and denied in part.