Scott v. Countrywide Homes Loans Inc. (In re Scott)
Sep
04
2007
Ruling
Counterclaim to stay violation proceeding dismissed as precluded by plan confirmation.
Procedural posture
In an adversary proceeding, plaintiffs, chapter 13 debtors, moved to dismiss counterclaims filed against them by defendants, a mortgage creditor, a beneficiary of a second deed of trust, and a foreclosure agent. The motion was brought for failure to state a claim pursuant to Fed. R. Bankr. P. 7012, which incorporated Fed. R. Civ. P. 12(b)(6).
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Court
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