International Fidelity Insurance v. Robb (In Re Robb)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION TO DISMISS FIRST AND SIXTH CLAIMS FOR RELIEF CONTAINED IN COMPLAINT AND ORDER FOR MANDATORY OR DISCRETIONARY ABSTENTION WITH RESPECT TO THIRD, FOURTH, FIFTH AND SIXTH CLAIMS IN COMPLAINT
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The Chapter 13 debtor, Diana M. Robb, has moved pursuant to Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of Bankruptcy Procedure 7012 to dismiss the first and sixth claims for relief con tained in the complaint filed by International Fidelity Insurance Company (“International”) on the ground they fail to state a claim. The debtor also…
2Cases cited13 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Bethlehem Contracting Co. v. Lehrer/McGovern, Inc.Court of Appeals for the Second Circuit · 1986
- In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
- Kolinsky v. Russ (In Re Kolinsky)United States Bankruptcy Court, S.D. New York · 1989
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3Cited by5 opinions
- S.G. Phillips Constructors, Inc. v. City of Burlington (In re S.G. Phillips Constructors, Inc.)Court of Appeals for the Second Circuit · 1995
- St. Vincent's Hospital v. Norrell (In Re Norrell)United States Bankruptcy Court, N.D. Alabama · 1996
- In Re S.G. Phillips Constructors, Inc.Court of Appeals for the Second Circuit · 1995
- Sisters of Providence Health System, Inc. v. Summerfield Elm Manor (In Re Summerfield Pine Manor)Bankruptcy Appellate Panel of the First Circuit · 1998
- Thomson McKinnon Securities, Inc. v. Warwick (In Re Thomson McKinnon Securities Inc.)United States Bankruptcy Court, S.D. New York · 1993