Howe et al v. Creditors Interchange Receivable Management LLC et

I N THE U NITED STATES B ANKRUPTCY C OURT
FOR THE E ASTERN DISTRICT OF PENNSYLVANIA
I N RE : 	: CHAPTER 13
:
T HELMA JANE HOWE , 	:
:
D EBTOR. 	: B ANKRUPTCY NO. 09-10183 SR
T HELMA JANE HOWE AND 	:
D ONALD J. HOWE , 	:
:
PLAINTIFFS , 	:
VS. 	:
:
CREDITORS I NTERCHANGE RECEIVABLE 	:
MANAGEMENT, LLC, AND B ANK OF AMERICA, N.A., 	:
:
D EFENDANTS . 	: ADV. NO. 09-00010
ORDER
AND NOW, upon consideration of Bank of America, N.A.’s Motion to Dismiss
Complaint for Failure to State Claim Upon which Relief can be Granted, or in the
Alternative, for Lack of Subject Matter Jurisdiction (“Motion to Dismiss”) and Plaintiff’s
Motion for Permission to Amend Complaint (“Motion for Leave to Amend”) and after a
hearing with notice, it is hereby ORDERED that:
1. 	The Motion to Dismiss is DENIED; and
2. 	The Motion for Leave to Amend is GRANTED
IN PART and DENIED IN PART.
3. 	Plaintiffs are granted leave to amend their
complaint to allege that Mr. Howe transferred
the $20,000 which he withdrew from his
pension account to entireties property before it
Case 09-00010-sr Doc 27 Filed 07/02/09 Entered 07/02/09 14:23:07 Desc Main
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was utilized to make a payment to Creditors
Interchange Management, LLC, on Debtor’s
Bank of America account.
4. 	Plaintiffs are denied leave to amend their
complaint to allege in Count III that Bank of
America is vicariously liable for CIRM’s alleged
misconduct.
5. 	Plaintiffs shall file their amended complaint, as
allowed, on or before Friday, July 10, 2009.
6. 	Defendants shall file a response to the amended
complaint within ten (10) days afer service thereof.
By the Court:
Stephen Raslavich
Chief U.S. Bankruptcy Judge
Dated: July 2, 2009
Counsel for Plaintiffs
David A. Scholl, Esquire
6 St. Albans Avenue
Newtown Square, PA 19072
Counsel for Defendant, Bank of America, N.A.
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William J. Becket, Esquire
Becket & Lee LLP
16 General Warren Blvd.
P.O. Box 3001
Malvern, PA 19355
Counsel for Defendant Creditors Interchange Receivable Management, LLC
Andrew M. Schwartz, Esquire
Marshall Dennehey Warner Coleman & Goggi
1845 Walnut Street
Philadelphia, PA 19103
Chapter 13 Trustee
Frederick L. Reigle, Esquire
Chapter 13 Trustee
2901 St. Lawrence Ave.
P.O. Box 4010
Reading, PA 19606
United States Trustee
George Conway, Esquire
Office of the United States Trustee
833 Chestnut Street
Suite 500
Philadelphia PA 19106
Courtroom Deputy to Judge Raslavich
Nancy Mulvehill,
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