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In re St. Clair (Case No. 06-70125) 05/02/2013

The debtor filed a complaint requesting the court determine who held a note, the validity and extent of any secured deed of trust, the current balance of the lien, and to disallow any unauthorized fees and unlawful interest charges, to award attorneys’ fees and costs.  One defendant filed an answer with affirmative defenses and a motion to dismiss for failure to state a claim upon which relief could be granted.  The court found that the complaint simply stated certain legal conclusions unsupported by any allegation of facts constituting the basis for such conclusions.  Accordingly, the court sustained the motion to dismiss but granted leave for the debtor to amend the complaint.

Date: 
Thursday, May 2, 2013
Category: 
Adversary Proceedings
Chapter 13 Issues
Rule 12(b)(6)
Chapter: 
13