Legal Opinion

Sutton v. JP Morgan Chase Bank, N.A. (In re Washington Mutual, Inc.)

United States Bankruptcy Court, D. Delaware

Decided September 19, 2017No. Case No. 08-12229 (MFW); Adv. No. 16-51043 (MFW)Published

1Opinion of the Court

MEMORANDUM OPINION1

Mary F. Walrath, United States Bankruptcy Judge

Before the Court is a Motion to Dismiss the Complaint and to Transfer Venue filed by WMI Liquidating Trust (the “Liquidating Trust”) in an adversary proceeding brought by Mark J. Sutton (the “Plaintiff’). In its Motion, the Liquidating Trust seeks to dismiss the Complaint for lack of service and failure to state a claim for relief and to transfer venue to the jurisdic*612tion where the Plaintiffs individual bankruptcy case is pending. Because the Court finds that the Liquidating Trust has satisfied its burden, the Court will grant…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. McNeil v. United StatesSupreme Court of the United States · 1993
  4. Kelley Mala v. Crown Bay MarinaCourt of Appeals for the Third Circuit · 2013
  5. Omni Capital International, Ltd. v. Rudolf Wolff & Co.Supreme Court of the United States · 1987

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