OPINION
DAVID W. HOUSTON, III, Bankruptcy Judge.
On consideration before the court is a motion to dismiss defendant, Daniel D. Phelan, (Phelan), from the above captioned adversary proceeding pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure; a response to said motion having been filed by the plaintiffs, Jonathan R. Thorne, Darlene S. Thorne, (Thornes), and Locke D. Barkley, Chapter 13 trustee, (trustee); and the court, having heard and considered...
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