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IN RE PENA

Bankruptcy No. 03-45813-H4-13. Adversary No. 08-03324.

409 B.R. 847 (2009)

In re Javier PENA and Sandra Pena, Debtors. Javier Pena and Sandra Pena, Plaintiffs, v. Wells Fargo Bank, N.A., and Washington Mutual Bank, F.A., as part of JPMorgan Chase Bank, N.A., Defendants.

United States Bankruptcy Court, S.D. Texas, Houston Division.

August 5, 2009.

Attorney(s) appearing for the Case

Reese W. Baker, Baker & Associates, Houston, TX, Richard W. Aurich, Jr., Office of David G. Peake, Houston, TX, for Debtors.

MEMORANDUM OPINION REGARDING DEFENDANT JPMORGAN CHASE BANK'S 12(b)(6) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

JEFF BOHM, Bankruptcy Judge.

I. INTRODUCTION

The debtors in the above-referenced Chapter 13 case have filed a lawsuit based upon alleged improper servicing of their loan by Wells Fargo Bank, N.A. (Wells Fargo) and Washington Mutual Bank, F.A. (WaMu). Because all of WaMu's assets have been transferred to JPMorgan Chase Bank, N.A....

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