Porton v. Peck (In Re Porton)

ORDER ON MOTION TO DISMISS

ALEXANDER L. PASKAY, Chief Judge.

THIS IS an adversary proceeding and the matter under consideration is a Motion to Dismiss Counts Y, VI, VII and IX of the complaint filed by Sabría C. Porton, the Debtor who now seeks relief under Chapter 13 of the Bankruptcy Code. Although the complaint sounds in nine Counts, the Motion to Dismiss attacks only the above-mentioned Counts.

The claim set forth in Count V seeks to quiet the title in realty. The Motion to Dismiss this Count is based upon the ground that the Plaintiff has failed to allege sufficient facts to support her…