Legal Opinion

In re Merkle

United States Bankruptcy Court, W.D. Texas

Decided July 14, 2017No. CASE NO. 16-50026-CAGPublishedCited by 1 opinion

1Opinion of the Court

ORDER GRANTING PILGRIM REO, LLC’S MOTION TO DISMISS DEBTOR’S COUNTERCLAIMS PURSUANT TO FED. R. CIV. P. 12(b)(6) FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED

CRAIG A. GARGOTTA, UNITED STATES BANKRUPTCY JUDGE

On June 20 and 21, 2017, came on for hearing Pilgrim REO, LLC (“Pilgrim”) and Party-in-Interest Capital Crossing Servicing Company, LLC (Capital Crossing) (also referred to as “Respondents”) Motion to Dismiss Debtor’s Counterclaims Pursuant to Fed. R. Civ. P. 12 (b)(6) for Failure to State a Claim Upon Which Relief Can be Granted (the “Motion”-ECF No. 164 1). The Debtor…

2Cases cited11 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  4. HOLY CROSS CHURCH OF GOD IN CHRIST v. WolfTexas Supreme Court · 2001
  5. Harold H. Huggins Realty, Inc. v. FNC, INC.Court of Appeals for the Fifth Circuit · 2011

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3Cited by1 opinion

  1. PHH Mortgage Corporation, Successor by Merger to Ocwen Loan Servicing, LLC and Mortgage Electronic Systems. Inc. v. Tiffany Aston, as Trustee for the Polo Meadow Trust, Texas Court of Appeals, 1st District (Houston)2022

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