Legal Opinion

Westbrooks v. FNB United Corp. (In Re Westbrooks)

United States Bankruptcy Court, M.D. North Carolina

Decided December 16, 2010No. 14-80255PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

This matter came before the Court on November 12, 2010, upon the Motion to Dismiss filed on August 16, 2010, by defendants FNB United Corp. (“FNB”) and CommunityOne Bank, N.A. (“Community-One”) (collectively the “Bank Defendants”). J. Marshall Shelton appeared on behalf of Kenneth A. Westbrooks and Sherrie P. Westbrooks, and Lacey M. Moore appeared on behalf of the Bank Defendants. For the reasons stated below, the Motion to Dismiss will be denied.

I. JURISDICTION

The Court has jurisdiction over the subject matter of this proceeding…

2Cases cited23 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Janice Silverman v. Eastrich Multiple Investor Fund, L.PCourt of Appeals for the Third Circuit · 1995
  5. Hammons v. EhneySupreme Court of Missouri · 1996

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3Cited by3 opinions

  1. RL Regi North Carolina, LLC v. Lighthouse Cove, LLCCourt of Appeals of North Carolina · 2013
  2. Anne M. McFadden, Jeffrey McFadden, and CapFin Realty, LLC v. M&T BankDistrict Court, D. Maryland · 2026
  3. Wells Fargo Bank, National Association v. Building Blocks Pediatrics, PLLCDistrict Court, E.D. North Carolina · 2020

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