Miner v. Bay Bank & Trust Co. (In Re Miner)

ORDER DENYING PLAINTIFF’S MOTION FOR REHEARING

LEWIS M. KILLIAN, Jr., Bankruptcy Judge.

THIS MATTER is before the Court on the motion of the plaintiff, Woodman H. Miner, Sr. for rehearing with respect to this court’s order dismissing the instant adversary proceeding for failure to state a claim upon which relief can be granted. For the reasons set forth herein, the Motion for Rehearing shall be denied.

In this proceeding, the plaintiff, Woodman H. Miner, Sr. (“Miner”) as the debtor-in-possession has filed an action to seek to avoid as a fraudulent conveyance the foreclosure sale of real property…