IN RE WHITLEY

Bankruptcy No. 10-10426. Adversary No. 11-02039.

463 B.R. 775 (2012)

In re James Edward WHITLEY (a/k/a "Ed Whitley"), Debtor. Charles M. Ivey, III, Chapter 7 Trustee for the Estate of James Edward Whitley, Plaintiff, v. Robert Swofford, Defendant.

United States Bankruptcy Court, M.D. North Carolina, Greensboro Division.

January 19, 2012.


Attorney(s) appearing for the Case

Chuck Marshall Ivey, IV , Ivey, McClellan, Gatton & Talcott, LLP, Edwin R. Gatton , Greensboro, NC, for Plaintiff.

Jeffrey S. Southerland , Tuggle, Duggins, & Meschan, P.A., Sarah F. Sparrow , Greensboro, NC, for Defendant.


MEMORANDUM OPINION

WILLIAM L. STOCKS, Bankruptcy Judge.

This adversary proceeding came before the court on Defendant's motion pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure and Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Plaintiffs complaint for failure to state a claim for relief, and for failure to plead claims with sufficient particularity as required by Rule 7008 of the Federal Rules of Bankruptcy Procedure...

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