Legal Opinion

Ball v. United Cumberland Bank (In re Ball)

United States Bankruptcy Court, E.D. Kentucky

Decided July 17, 2017No. CASE NO. 16-60245; ADV. NO. 17-6026PublishedCited by 2 opinions

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…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Eminence Capital, Llc, and Jay Spechler v. Aspeon, Inc. Richard P. StackCourt of Appeals for the Ninth Circuit · 2003
  4. Law v. SiegelSupreme Court of the United States · 2014
  5. Washington State Department of Social & Health Services v. Guardianship Estate of KeffelerSupreme Court of the United States · 2003

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3Cited by2 opinions

  1. In re GonzalesUnited States Bankruptcy Court, W.D. Michigan · 2017
  2. In re: Ginger May Gonzales, fka Ginger May Jasman, fka Ginger May ColeUnited States Bankruptcy Court, W.D. Michigan · 2017

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