Legal Opinion

Domiano v. Old Forge Bank (In Re Domiano)

United States Bankruptcy Court, M.D. Pennsylvania

Decided December 28, 2009No. Bankruptcy No. 5-08-bk-51563 RNO. Adversary No. 5-09-ap-49 RNOPublishedCited by 2 opinions

1Opinion of the Court

Opinion 1

ROBERT N. OPEL, II, Bankruptcy Judge.

Presently before this Court are Old Forge Bank’s Motions to Dismiss under Fed.R.Civ.P. 12(b)(6), Motion for Abstention under 28 U.S.C. § 1334(C)(1) or (2), and in the Alternative, Motion to Strike Under Fed.R.Civ.P. 12(f) & Motion for a More Definite Statement under Fed. R.Civ.P. 12(e). For the reasons stated herein, the Motion to Dismiss is granted, and the Amended Complaint is dismissed.

I.Jurisdiction

The claims raised by the Complaint are non-core. Therefore, this Court only has “related to” jurisdiction as defined in 28 U.S.C. § 157(c).

II.…

2Cases cited22 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
  4. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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3Cited by2 opinions

  1. Lightsway Litigation Services, LLC v. Yung (In re Tropicana Entertainment, LLC)United States Bankruptcy Court, D. Delaware · 2014
  2. Plastics Systems Packaging Molding, Inc. v. ContiniDistrict Court, M.D. Pennsylvania · 2025

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