Legal Opinion

Miller v. Durand (In re Cain)

United States Bankruptcy Court, N.D. Georgia

Decided December 4, 2014No. CASE NO. 13-50208-BEM; ADVERSARY PROCEEDING NO. 14-5236-BEMPublished

1Opinion of the Court

ORDER

Barbara Ellis-Monro, U.S. Bankruptcy Court Judge

This adversary proceeding is before the Court on Defendant Rudy C. Durand's (“Defendant” or “Durand”) Notice of Motion and Motion to Dismiss (the “Motion”). [Doc. No. 14]. In the Motion, Durand requests that the adversary proceeding be dismissed, contending that the complaint fails to state any cause of action upon which relief can be granted and that it fails to allege with particularity the circumstances and facts supporting any claim for avoidance and/or recovery of transfer(s) to Durand.

I. FINDINGS OF FACT

In the Complaint [Doc. No. 1],…

2Cases cited7 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Reed Smith and Valoy Smith, Husband and Wife v. John Block, in His Capacity as Secretary of the United States Department of AgricultureCourt of Appeals for the Ninth Circuit · 1986
  5. In Re Wr Grace & Co.District Court, D. Delaware · 2012

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