Legal Opinion

Banks Auto Parts, Inc. v. Banks Investments I, LC (In Re Banks Auto Parts, Inc.)

United States Bankruptcy Court, E.D. Virginia

Decided February 12, 2008No. 19-10622PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

KEVIN R. HUENNEKENS, Bankruptcy Judge.

Before the Court are Motions to Dismiss filed by the defendants, Banks Investments L, LC (“Banks Investments”), Olan-der Banks, Gregory Banks and Ronald Banks, pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure, incorporating Rule 12(b)(6) of the Federal Rules of Civil Procedure (the “Motions”). Hearing on the Motions was held on January 2, 2008, at which time the Court took the matters under advisement (the “Hearing”). For the reasons set forth below, the Court will deny the Motions in part and grant the Motions in part.

B…

2Cases cited31 opinions

  1. Hishon v. King & SpaldingSupreme Court of the United States · 1984
  2. Portia Bass v. E.I. Dupont De Nemours & Company, Portia Bass v. E.I. Dupont De Nemours & Company, Portia Bass v. E.I. Dupont De Nemours & CompanyCourt of Appeals for the Fourth Circuit · 2003
  3. McKenzie v. Irving Trust Co.Supreme Court of the United States · 1945
  4. In Re Cushman Bakery and Cushman Baking Company. Appeal of Jacob Agger, TrusteeCourt of Appeals for the First Circuit · 1976
  5. Cities Service Oil Co. v. VieringIllinois Supreme Court · 1949

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3Cited by6 opinions

  1. Ruby v. Ryan (In re Ryan)United States Bankruptcy Court, E.D. Virginia · 2012
  2. Smith v. Litchford & Christopher, P.A. (In Re Bay Vista of Virginia, Inc.)United States Bankruptcy Court, E.D. Virginia · 2010
  3. Smith v. Porter (In Re Carr & Porter, LLC)United States Bankruptcy Court, E.D. Virginia · 2009
  4. Gold v. Sovereign Bank (In Re Taneja)United States Bankruptcy Court, E.D. Virginia · 2011
  5. McGee v. World Business Lenders, LLCUnited States Bankruptcy Court, N.D. Georgia · 2023

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