Legal Opinion

Rogers v. B-Real, L.L.C. (In Re Rogers)

United States Bankruptcy Court, M.D. Louisiana

Decided July 21, 2008No. 09-11246PublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION

DOUGLAS D. DODD, Bankruptcy Judge.

Debtors Stephen and Julie Rogers sued B-Real, L.L.C. (“B-Real”) to recover damages resulting from B-Real’s filing of three time-barred proofs of claim. B-Real moved to dismiss the complaint for failure to state a claim upon which relief can be granted.

The complaint’s second, fourth, and sixth claims for relief, and the damages requests in the first and third claims, fail to state a claim as a matter of law and will be dismissed. B-Real’s motion to dismiss other claims in the complaint will be denied because those claims allege sufficient…

2Cases cited45 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lawrence H. Ramming v. United States of America, John Thomas Cloud v. United StatesCourt of Appeals for the Fifth Circuit · 2001
  3. Karen L. Keele, on Behalf of Herself and All Others Similarly Situated v. Norman Paul Wexler, Mitchell Wexler and Wexler and WexlerCourt of Appeals for the Seventh Circuit · 1998
  4. Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
  5. Ken Baker v. G. C. Services CorporationCourt of Appeals for the Ninth Circuit · 1982

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3Cited by19 opinions

  1. Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
  2. B-Line, LLC v. Wingerter (In Re Wingerter)Court of Appeals for the Sixth Circuit · 2010
  3. Campbell v. Countrywide Home Loans, Inc.Court of Appeals for the Fifth Circuit · 2008
  4. B-Real, LLC v. Chaussee (In Re Chaussee)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  5. B-REAL, LLC v. RogersDistrict Court, M.D. Louisiana · 2009

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