Legal Opinion

Pena v. Wells Fargo Bank, N.A. (In Re Pena)

United States Bankruptcy Court, S.D. Texas

Decided August 5, 2009No. 19-30544PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION REGARDING DEFENDANT JPMORGAN CHASE BANK’S 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JEFF BOHM, Bankruptcy Judge.

I. Introduction

The debtors in the above-referenced Chapter 13 case have filed a lawsuit based upon alleged improper servicing of their loan by Wells Fargo Bank, N.A. (Wells Fargo) and Washington Mutual Bank, F.A. (WaMu). Because all of WaMu’s assets have been transferred to JPMorgan Chase Bank, N.A. (JPMorgan Chase) pursuant to a purchase and assumption agreement between JPMorgan Chase and the FDIC (as receiver for WaMu), the debtors have joined…

2Cases cited24 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Langley v. Federal Deposit InsuranceSupreme Court of the United States · 1987
  5. Ryder Energy Distribution Corporation v. Merrill Lynch Commodities Inc., E.F. Hutton & Co., Inc., and New York Mercantile ExchangeCourt of Appeals for the Second Circuit · 1984

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3Cited by3 opinions

  1. Jolley v. Chase Home Finance, LLCCalifornia Court of Appeal · 2013
  2. Hayes-Broman v. J.P. Morgan Chase Bank, N.A.District Court, D. Minnesota · 2010
  3. Hernandez, Jr. v. GMH of El Paso, LLC, dba Mesa Pawn and JewelryUnited States Bankruptcy Court, W.D. Texas · 2025

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