Legal Opinion

Bernstein v. Wells Fargo Bank, N.A. (In re Bernstein)

United States Bankruptcy Court, N.D. Georgia

Decided January 5, 2015No. BANKRUPTCY CASE NO: 14-65054-MGD; ADVERSARY PROCEEDING NO: 14-05306PublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Mary Grace Diehl, U.S. Bankruptcy Court Judge

Before the Court is Defendants Wells Fargo Bank, N.A. and Federal Home Loan Mortgage Corporation’s (“Freddie Mac”) Motion to Dismiss Plaintiff Steven W. Bernstein’s Complaint (Doc. 6) (“Motion”). Defendants base their Motion on several grounds, including insufficient service of process, res judicata, lack of standing, and failure to state a claim upon which relief can be granted. For reasons set forth below, the Court concludes that while Mr. Bernstein’s Complaint was properly served on Defendants, he…

2Cases cited7 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Dr. S.B. Pardazi v. Cullman Medical CenterCourt of Appeals for the Eleventh Circuit · 1990
  3. Parker v. Wendy's International, Inc.Court of Appeals for the Eleventh Circuit · 2004
  4. Miller v. Kemira, Inc. (In re Lemco Gypsum, Inc.)Court of Appeals for the Eleventh Circuit · 1990
  5. At&T Mobility, LLC v. National Ass'n for Stock Car Auto Racing, Inc.Court of Appeals for the Eleventh Circuit · 2007

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3Cited by1 opinion

  1. First Bank of Dalton v. Manton Family P'ship, LLLP (In re Manton)United States Bankruptcy Court, N.D. Georgia · 2018

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