Pliskin

This adversary proceeding arises out of the prepetition acquisition of a secured loan by defendant Radians Wareham Holding, Inc. ("RWHI") and the prepetition exercise of remedies under that loan agreement against the chapter 11 debtors herein, Ironclad Performance Wear Corporation, a California corporation ("ICPW CA"), and Ironclad Performance Wear Corporation, a Nevada corporation ("ICPW NV") (collectively, the "Debtors"). 3 The plaintiff herein, Matthew Pliskin ("Plaintiff"), is trustee under a trust created pursuant to a joint plan of liquidation ("Plan") confirmed in the above-referenced chapter 11 cases. Plaintiff is successor in interest to the official committee of equity holders for ICPW NV ("Equity Committee"), which commenced this adversary proceeding prior to confirmation of the Plan by filing the complaint herein ("Complaint"). Adv. Dkt. 1.

The Complaint alleges that RWHI acquired the loan and exercised remedies thereunder in an effort to acquire the Debtors' business and in a manner that caused injury to the Debtors and the value of their business. Based on this premise, the Complaint asserts: (i) a cause of action for economic duress, (ii) a cause of action for…