Legal Opinion

Motors Acceptance Corp. v. Stokes (In re Stokes)

United States Bankruptcy Court, M.D. Alabama

Decided August 3, 2017No. Case No. 13-33448-WRS; Adv. Pro. No. 17-3022-WRSPublished

1Opinion of the Court

MEMORANDUM DECISION

William R. Sawyer, United States Bankruptcy Judge

This Adversary Proceeding is before the Court on the Motion to Dismiss for failure to state a claim upon which relief can be granted filed by Defendants Thomas and Ivy Stokes. (Doc. 14). Plaintiff Motors Acceptance Corp., is represented by counsel William C. Elliott and Defendants Thomas and Ivy Stokes are represented by counsel Andrew Poston. The Court heard argument on June 6, 2017, and requested a brief from the Plaintiff, which was filed July 20, 2017. (Doc. 28). The questions prompted by this Motion to Dismiss, aside…

2Cases cited7 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. United States v. Mitchell (In Re Mitchell)Court of Appeals for the Eleventh Circuit · 2011
  3. In Re Benjamin Coal Company David J. BenjaminCourt of Appeals for the Third Circuit · 1992
  4. In Re TomsUnited States Bankruptcy Court, E.D. Pennsylvania · 1999
  5. In Re GilpinUnited States Bankruptcy Court, W.D. Missouri · 1997

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