Legal Opinion
TP, Inc. v. Bank of America, N.A. (In re TP, Inc.)
United States Bankruptcy Court, E.D. North Carolina
Decided September 26, 2012No. Bankruptcy No. 10-01594-8-SWH; Adversary No. 11-00112-8-SWHPublishedCited by 9 opinions
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS AND GRANTING IN PART MOTION TO STAY
STEPHANIW. HUMRICKHOUSE, Bankruptcy Judge.
The matter before the court is the Motion to Dismiss, or in the Alternative, to Stay Based on Arbitration Agreement filed by defendants Bank of America, N.A. (“BOA”) and Jonathan P. Joyner (“Joyner”). A hearing was held in Raleigh, North Carolina, on June 5, 2012.
BACKGROUND
On or about January 10, 2003, TP entered into a Master Loan Agreement and a Promissory Note with BOA, secured by a deed of trust and security agreement. The Master Loan Agreement and Promissory Note contain…
2Cases cited22 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Allen v. McCurrySupreme Court of the United States · 1980
- Stern v. MarshallSupreme Court of the United States · 2011
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re Brier Creek Corporate Center Associates Ltd.United States Bankruptcy Court, E.D. North Carolina · 2013
- Barker v. Fox Den Acres, Inc. (In re Barker)United States Bankruptcy Court, W.D. North Carolina · 2014
- Allied Title Lending, LLC v. TaylorDistrict Court, E.D. Virginia · 2019
- Fort, Trustee v. DaileaderUnited States Bankruptcy Court, D. South Carolina · 2022
- Fort, Trustee v. DaileaderUnited States Bankruptcy Court, D. South Carolina · 2022
4 more not listed; retrieve them via the Exa API.