Legal Opinion

Moffitt v. America's Servicing Co. (In Re Moffitt)

United States Bankruptcy Court, E.D. Arkansas

Decided May 21, 2009No. Bankruptcy No. 3:04-bk-22708 E. Adversary No. 3:07-ap-01054PublishedCited by 7 opinions

1Opinion of the Court

ORDER GRANTING MOTION TO DISMISS IN PART

AUDREY R. EVANS, Bankruptcy Judge.

Now before the Court is the Motion to Dismiss Amended Complaint Seeking Damages in Core Adversary Proceeding and brief in support filed by America’s Servicing Company and Wells Fargo Bank, N.A. (“ASC”) on July 29, 2008 (the “Motion to Dismiss”). ASC filed a Supplemental Motion to Dismiss Amended Complaint Seeking Damages in Core Adversary Proceeding on August 22, 2008 (the “Supplemental Motion to Dismiss”). Plaintiffs/Debtors (the “Moffitts”) filed a response and brief on September 22, 2008, and ASC filed its reply and…

2Cases cited33 opinions

  1. Papasan v. AllainSupreme Court of the United States · 1986
  2. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  3. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  4. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  5. Menk v. Lapaglia (In Re Menk)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999

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3Cited by7 opinions

  1. Humes v. LVNV Funding, L.L.C. (In re Humes)United States Bankruptcy Court, E.D. Arkansas · 2013
  2. Meyer v. Kansas Department of Labor (In re Meyer)United States Bankruptcy Court, W.D. Missouri · 2014
  3. Bob Sutton Realty & Loans, LLC v. DarnellUnited States Bankruptcy Court, E.D. Missouri · 2025
  4. In re: David J. Rofkahr and Stephanie L. Rofkahr v. Citizens Bank & Trust Co.United States Bankruptcy Court, W.D. Arkansas · 2026
  5. Pursell Holdings, LLCUnited States Bankruptcy Court, W.D. Missouri · 2019

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