Moffitt v. America's Servicing Co. (In Re Moffitt)

ORDER GRANTING MOTION TO DISMISS IN PART AND DENYING MOTION TO DISMISS IN PART

AUDREY R. EVANS, Bankruptcy Judge.

Now before the Court is the Motion to Dismiss Amended Complaint Seeking Damages in Core Adversary Proceeding and brief in support filed by America’s Servicing Company and Wells Fargo Bank, N.A. (“ASC”) on July 29, 2008 (the “Motion to Dismiss”). ASC filed a Supplemental Motion to Dismiss Amended Complaint Seeking Damages in Core Adversary Proceeding on August 22, 2008 (the “Supplemental Motion to Dismiss”). Plaintiffs/Debtors (the “Moffitts”) filed a response and brief on September…