Legal Opinion
Wilkins v. Sanfilippo (In re Mccallan)
United States Bankruptcy Court, M.D. Alabama
Decided March 8, 2019No. Case No. 17-30961-WRS; Adv. Pro. No. 18-3091-WRSPublishedCited by 1 opinion
1Opinion of the Court
William R. Sawyer, United States Bankruptcy Judge
This Adversary Proceeding came before the Court on February 5, 2019, on the Motion to Dismiss filed by the Defendants. (Doc. 18). The Plaintiff was present by counsel Steve Olen and Lucy Tufts and the Defendants were present by counsel Wanda Borges. The Court took the motion under advisement. The motion is now fully briefed (Docs. 26, 27). For the reasons set forth below, the motion to dismiss is denied.
I. Facts
Timothy McCallan filed a petition in bankruptcy pursuant to Chapter 7 of the Bankruptcy Code on November 18, 2016, in the United States…
2Cases cited21 opinions
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- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Stern v. MarshallSupreme Court of the United States · 2011
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
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