Legal Opinion
Bank of Commerce & Trust Co. v. Schupbach (In re Schupbach)
United States Bankruptcy Court, D. Kansas
Decided June 7, 2012No. Bankruptcy No. 11-13633; Adversary No. 12-5047Published
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEBTORS’ MOTION TO DISMISS
DALE L. SOMERS, Bankruptcy Judge.
Debtors Jonathan I. Schupbach and Amy N. Schupbach (Debtors) move to dismiss Bank of Commerce & Trust Co.’s (Commerce) Complaint to Determine Dis-chargeability of Debt and Request to Determine Amount of Debt (Motion). Commerce opposes dismissal. The Court has jurisdiction.1
The Applicable Standard.
Debtors move to dismiss the claims against them under Bankruptcy Rule 7012(b), incorporating Civil Rule 12(b)(6), which provides for dismissal if the corn-*425plaint fails to state…
2Cases cited7 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Conley v. GibsonSupreme Court of the United States · 1957
- F & M Marquette National Bank v. Keith R. RichardsCourt of Appeals for the Eighth Circuit · 1985
- Goralnick v. Bromberg (In Re Goralnick)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1987
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