Ball v. United Cumberland Bank (In re Ball)
United States Bankruptcy Court, E.D. Kentucky
1Opinion of the Court
MEMORANDUM OPINION
Gregory R. Schaaf, Bankruptcy Judge
This matter is before the Court on the Defendant United Cumberland Bank’s Motion to Dismiss for Failure to State a Claim [ECF No. 19], the Plaintiff Debtor Anthony Ball’s Response [ECF No. 22] and the Bank’s Reply [ECF No. 23.] The Court held a hearing on June 28, 2017, and took the matter under submission. For the reasons stated more fully below, the Motion to Dismiss is granted.
I. Facts.
A. The Chapter 13 Bankruptcy.
Ball filed for chapter 13 relief on March 7, 2016. [Main Case No. 16-60245, ECF No. 1.] Ball listed three claims due to the…
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