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IN RE WESTBROOKS

Bankruptcy No. 10-10672. Adversary No. 10-2032.

440 B.R. 677 (2010)

In re Kenneth A. WESTBROOKS, Debtor. Kenneth A. Westbrooks and wife, Sherrie P. Westbrooks, Plaintiffs, v. FNB United Corp., a holding company for CommunityOne Bank, N.A., Daniel J. Gillespie, III, Nancy W. Gillespie, and Beverly A. Corbett, Defendants.

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

December 16, 2010.

Attorney(s) appearing for the Case

J. Marshall Shelton , Ivey, McClellan, Gatton, & Talcott, LLP, Greensboro, NC, for Plaintiffs.

W. Walt Pettit , Rogers, Townsend & Thomas, PC, Charlotte, NC, for Defendants.

Daniel J. Gillespie , pro se.

Nancy W. Gillespie , pro se.

Beverly A. Corbett , pro se.

MEMORANDUM OPINION

THOMAS W. WALDREP, JR., Bankruptcy Judge.

This matter came before the Court on November 12, 2010, upon the Motion to Dismiss filed on August 16, 2010, by defendants FNB United Corp. ("FNB") and CommunityOne Bank, N.A. ("CommunityOne") (collectively the "Bank Defendants"). J. Marshall Shelton appeared on behalf of Kenneth A. Westbrooks and Sherrie P. Westbrooks, and Lacey M. Moore appeared on behalf of the Bank Defendants. For the...

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