Smith-Pena v. Wells Fargo Bank, N.A. (In re Smith-Pena)

MEMORANDUM OF DECISION

FRANK J. BAILEY, Bankruptcy Judge.

I. INTRODUCTION

The matter before me is the motion of the Defendant, Wells Fargo Bank, N.A. *515(“Wells Fargo”), to dismiss the Plaintiff-Debtor’s adversary proceeding pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), made applicable to this proceeding by Fed. R. Bankr.P. 7012(b). The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334(b) and may enter final judgment pursuant to 28 U.S.C. § 157(b)(2)(E) and LR, D. Mass. 201. For the reasons set forth below, I find that the Debtor has failed to state a claim upon which relief…