Schaul v. Ludwig (In re Ludwig)

MEMORANDUM OPINION

A. Benjamin Goldgar United States Bankruptcy Judge

Before the court for ruling is the motion of defendant Kimberly Gail Ludwig under Rule 12(b)(6), Fed. R. Civ. P. 12(b)(6) (made applicable by Fed. R. Bankr. P. 7012(b)), to dismiss for failure to state a claim the second amended complaint of plaintiff Nancy Schaul, as administrator of the probate estate of Gary Crawford. For the reasons that follow, the motion will be granted. The second amended complaint will be dismissed with prejudice.

1. Jurisdiction

The court has subject matter jurisdiction of this case under 28 U.S.C. §…