In re Wren (93-10368)
The court was asked to consider whether, under Banks v. Sallie Mae Servicing Corporation (In re Banks), 299 F.3d 296 (4th Cir. 2002), Debtors’ adversary proceeding should be dismissed for failure to state a claim upon which relief can be granted. Reserving judgment on whether Banks was applicable and should be followed, the court ruled that the record and admitted pleadings did not provide grounds to dismiss the adversary proceeding.
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Date:
Thursday, November 21, 2002