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IN RE HOWE

Bankruptcy No. 09-10183 Sr. Adversary No. 09-00010.

446 B.R. 159 (2009)

In re Thelma Jane HOWE, Debtor. Thelma Jane Howe and Donald J. Howe, Plaintiffs, v. Creditors Interchange Receivable Management, LLC, and Bank of America, N.A., Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

July 2, 2009.

Attorney(s) appearing for the Case

David A. Scholl, Esquire , Newtown Square, PA, for Plaintiffs.

William J. Becket, Esquire , Becket & Lee LLP, Malvern, PA, for Defendant, Bank of America, N.A.

Andrew M. Schwartz, Esquire , Marshall Dennehey Warner Coleman & Goggi, Philadelphia, PA, for Defendant Creditors Interchange Receivable Management, LLC.

Frederick L. Reigle, Esquire , Chapter 13 Trustee, Reading, PA, for Chapter 13 Trustee.

George Conway, Esquire , Office of the United States Trustee, Philadelphia PA, for United States Trustee.

Nancy Mulvehill , for Courtroom Deputy to Judge Raslavich.

OPINION

STEPHEN RASLAVICH, Chief Judge.

Introduction

Defendant, Bank of America, N.A. ("BofA"), moves to dismiss the Plaintiffs' complaint as to itself, pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6),1 for lack of subject matter jurisdiction and failure to state a claim, respectively. Plaintiffs move for permission to amend the complaint under Fed.R.Civ.P. 15(a).

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