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IN RE TP, INC.

Bankruptcy No. 10-01594-8-SWH. Adversary No. 11-00112-8-SWH.

479 B.R. 373 (2012)

In re TP, INC., Debtor. TP, INC., Plaintiff v. Bank of America, N.A. and Jonathan P. Joyner, Defendants.

United States Bankruptcy Court, E.D. North Carolina, Wilmington Division.

September 26, 2012.

Attorney(s) appearing for the Case

Gary K. Shipman , Shipman & Wright, LLP, Wilmington, NC, Trawick H. Stubbs, Jr. , Stubbs & Perdue, P.A., New Bern, NC, for Plaintiff.

D. Kyle Deak , Troutman Sanders LLP, Raleigh, NC, for Defendants.

ORDER DENYING MOTION TO DISMISS AND GRANTING IN PART MOTION TO STAY

STEPHANI W. HUMRICKHOUSE, Bankruptcy Judge.

The matter before the court is the Motion to Dismiss, or in the Alternative, to Stay Based on Arbitration Agreement filed by defendants Bank of America, N.A. ("BOA") and Jonathan P. Joyner ("Joyner"). A hearing was held in Raleigh, North Carolina, on June 5, 2012.

BACKGROUND

On or about January 10, 2003, TP entered into a Master...

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