Gilliland v. Capital One Bank et al, No. 3:2009mc00006 - Document 13 (N.D. Miss. 2009)

Court Description: FINAL JUDGMENT dismissing. CASE CLOSED. Signed by W. Allen Pepper on 9/17/2009. (pbs, USDC)

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Gilliland v. Capital One Bank et al Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION IN RE: STANLEY R. GILLILAND, Debtor, STANLEY R. GILLILAND, BANKRUPTCY CASE NO. 07-11392 CHAPTER 13 Plaintiff, vs. ADV. NO. 07-01089-DWH CAPITAL ONE BANK and TSYS DEBT MANAGEMENT, DEFENDANTS. CIVIL ACTION NO. 3:09MC06-P FINAL JUDGMENT This matter comes before the court upon Defendants Capital One Bank and TSYS Debt Management’s appeal [5]of the Bankruptcy Court’s January 8, 2009 Order denying the defendants’ Rule 12(b)(6) motion. After due consideration of the appeal and the responses filed thereto the court finds as follows, to-wit: Because the defendants did not establish that the subject Bankruptcy Court ruling was based upon clearly erroneous legal conclusions, nor that the plaintiff’s factual allegations in his Amended Complaint failed to “raise a right to relief above the speculative level” pursuant to Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007), the court concludes that the defendants’ appeal is not well-taken and should be dismissed. IT IS THEREFORE ORDERED AND ADJUDGED that: (1) Defendants Capital One Bank and TSYS Debt Management’s appeal [5]of the 1 Dockets.Justia.com Bankruptcy Court’s January 8, 2009 Order denying the defendants’ Rule 12(b)(6) motion is DISMISSED; therefore, (2) This case, Cause Number 3:09MC0006, is hereby CLOSED. SO ORDERED this the 17th day of September, A.D., 2009. /s/ W. Allen Pepper, Jr. W. ALLEN PEPPER, JR. UNITED STATES DISTRICT JUDGE 2

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