Legal Opinion
Peyton v. Robinson (In re Robinson)
United States Bankruptcy Court, E.D. Virginia
Decided April 14, 2006No. Bankruptcy No. 05-15087-RGM; Adversary No. 06-1004Published
1Opinion of the Court
MEMORANDUM OPINION
ROBERT G. MAYER, Bankruptcy Judge.
The chapter 7 trustee filed a complaint seeking to sell the debtor’s one-half interest in his former marital home which is jointly owned by the debtor and his former wife. Both the debtor and his former spouse, Karin Lee Math, oppose the relief sought. The debtor filed an answer; Math, a motion to dismiss for failure to state a claim upon which relief may be granted. This case is before the court on Math’s motion to dismiss.1 F.R.Bankr.P. 7012(b) which incorporates F.R.Civ.P. 12(b)(6).
The trustee alleges that Math and Robinson are co-owners…
2Cases cited8 opinions
- Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999
- Calvin Slade v. Hampton Roads Regional Jail, and Commonwealth of Virginia, IntervenorCourt of Appeals for the Fourth Circuit · 2005
- Barnes v. American Fertilizer Co.Court of Appeals of Virginia · 1925
- Leonard v. CountsSupreme Court of Virginia · 1980
- In Re Linda B. WILLIAMS, Debtor. Linda B. WILLIAMS, Plaintiff-Appellant, v. Gordon P. PEYTON, Trustee, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1997
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