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Jessee v. Johnson et al. (In re Johnson) (Case No. 06-71511; A.P. No. 07-07084) 05/19/2008

Using the standard set forth in Bell Atlantic Corp. v. Twombly, the Court denied in part the trustee's motion to dismiss a counterclaim under Bankruptcy Rule 7012(b)(6) (incorporating Federal Rule of Civil Procedure 12(b)(6)) because the Court found that it is not plausible that a reference in a deed of trust to a county tax map parcel number which is inconsistent with the metes and bounds description of the property intended to be conveyed serves as notice to a competent title examiner of Virginia land records that such description cannot be relied upon because it is or may be either totally wrong or may describe only part of the property intended by the parties to be encumbered by the deed of trust.  However, the Court sustained the motion with respect to any claim based on the street address referenced in the deed of trust, any claim based on the deed of trust purportedly refinanced by the deed of trust, and any claim of equitable subrogation.

Date: 
Monday, May 19, 2008
Category: 
Rule 12(b)(6)
Chapter: 
7