Oien v. Sioux Falls Paint & Glass (In re Oien)

MEMORANDUM DECISION

PEDER K. ECKER, Bankruptcy Judge.

This matter, an adversary proceeding filed in connection with a Chapter 13 proceeding pending before this Court, is now before the Court on Defendant’s motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Bankruptcy Rule 712(b). Defendant alleges that all matters referred to in each cause of action have been adjudicated in state court. Plaintiffs, joint debtors in the Chapter 13 proceeding, have requested this Court to avoid a mortgage granted to Defendant on Plaintiffs’ homestead. Plaintiffs’ complaint…