Nilhan Developers, LLC v. Westplan Investors Acquisitions, LLC (In re Bay Circle Props., LLC)
United States Bankruptcy Court, N.D. Georgia
1Opinion of the Court
Wendy L. Hagenau U.S., Bankruptcy Court Judge
This matter is before the Court on the Motion to Dismiss filed by Westplan Investors Acquisitions, LLC ("Westplan") and Accent Cumberland Apartments, LP ("Accent") (collectively, "Defendants") [Docket No. 4]. The Court has jurisdiction of this matter under 28 U.S.C. § 1334. The Complaint alleges the matter is core, but the Motion to Dismiss raises the question of whether this is a core matter under 28 U.S.C. § 157. Nevertheless, all parties have consented to the Court's entry of this Order as a final order without prejudice to Defendants' position…
2Cases cited26 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
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- Alan's of Atlanta, Inc. v. Minolta Corporation, Robert Lathrop, Wolf Camera, Inc., and Charles WolfCourt of Appeals for the Eleventh Circuit · 1990
- Brack v. BrownleeSupreme Court of Georgia · 1981
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