Legal Opinion
Burgess v. CitiMortgage, Inc. (In re Burgess)
United States Bankruptcy Court, E.D. North Carolina
Decided July 19, 2017No. Case No. 16-05070-5-JNC; Adversary Proceeding No. 17-00020-5-JNCPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION ALLOWING MOTION TO DISMISS
Joseph N. Callaway, United States Bankruptcy Judge
The matter before the court is the Defendant’s Motion to Dismiss filed pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure, made applicable to this adversary proceeding by Rule 7012 of the Federal Rules of Bankruptcy Procedure. A hearing took place on May 18, 2017, in Raleigh, North Carolina, following which the court invited the parties to submit supplemental briefs by May 26, 2017. The matter is now ripe for decision.
BACKGROUND
Jeffrey P. Burgess filed a voluntary…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
- Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
- E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.Court of Appeals for the Fourth Circuit · 2011
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3Cited by5 opinions
- Gray v. Fed. Nat'l Mortg. Ass'nCourt of Appeals of North Carolina · 2019
- Davis v. Freedom Mortgage CorporationDistrict Court, D. Maryland · 2022
- In re: WorshamCourt of Appeals of North Carolina · 2019
- Peterson v. Wells Fargo Bank, N.A.District Court, D. Connecticut · 2022
- Portuesi v. The Bank of New York Mellon Trust Company, N.A.United States Bankruptcy Court, M.D. North Carolina · 2021