Gaines v. Ford Motor Credit Corp. (In Re Gaines)

ORDER GRANTING MOTION TO DISMISS

AUDREY R. EVANS, Bankruptcy Judge.

The Defendant’s Motion To Dismiss, briefs in support, and Plaintiffs’ response and brief, are before the Court. Defendant moves pursuant to Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of Bankruptcy Procedure 7012 to dismiss the Plaintiffs’ Complaint for Declaratory Judgment Avoiding Lien and for Damages and Sanctions. On June 9, 2009, the Court held oral argument, and upon review of the standards for motions to dismiss under Rule 12(b)(6), the Court found that the bulk of this case rested on a dispositive issue of…