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Reynolds Living Trust v. Wells Fargo Bank, N.A. (In re Reynolds) (Case No. 09-71964; A.P. No. 11-07012) 09/06/2011)

                The debtor filed a complaint pro se (which the Court noted “can hardly be said to be a model of clarity”), both in his capacity as the debtor and the trustee of a living trust, seeking monetary damages and other relief against his former bankruptcy counsel, counsel’s insurance carrier, and Wells Fargo Bank, which held two deeds of trust upon property owned by the trust.  The insurance carrier filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), and both former counsel and the bank filed motions for judgment on the pleading under Federal Rule of Civil Procedure 12(c).  The Court granted the motions and dismissed the case with prejudice.

Date: 
Tuesday, September 6, 2011
Category: 
Adversary Proceedings
Chapter 7 Issues
Reaffirmation
Rule 12(b)(6)
Standing
Chapter: 
7