Legal Opinion

Creech v. Ormond Oil & Gas Co. (In re Creech)

United States Bankruptcy Court, E.D. North Carolina

Decided June 20, 2014No. CASE NO. 13-00817-8-SWH; ADVERSARY PROCEEDING NO. 13-00124-8-SWH-APPublished

1Opinion of the Court

ORDER REGARDING MOTIONS TO DISMISS

Stephani W. Humrickhouse, United States Bankruptcy Judge

The matters before the court in this adversary proceeding are (1) the motion of the defendant, Ormond Oil & Gas Co., Inc., to dismiss the second and third causes of action in the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, made applicable in this proceeding by Rule 7012 of the Federal Rules of Bankruptcy Procedure, and (2) the motion of the plaintiffs, Stephen E. Creech and Edna B. Creech, to dismiss the counterclaim filed by the defendant, also pursuant to Rule 12(b)(6).…

2Cases cited9 opinions

  1. Kontrick v. RyanSupreme Court of the United States · 2004
  2. United States v. LockeSupreme Court of the United States · 1985
  3. Sebelius v. Auburn Regional Medical CenterSupreme Court of the United States · 2013
  4. Nasser Ali Farouki v. Emirates Bank International, Limited, and Ron Cerino Enterprise Management, IncorporatedCourt of Appeals for the Fourth Circuit · 1994
  5. In Re Andrew J. Kontrick, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 2002

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