MEMORANDUM AND ORDER OF DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION
FRANK J. OTTE, Bankruptcy Judge.
This matter is before the Court on Motion to Dismiss (the "Motion to Dismiss"), filed by Educational Credit Management Corporation ("ECMC"), assignee of United Student Aid Funds, Inc. pursuant to FED. R. BANKR. P. 7012(b)(1), through which ECMC requested that this Court dismiss the Plaintiff's complaint without prejudice
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