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IN RE RUSHING

Bankruptcy No. 04-62036. Adversary No. 10-6010.

443 B.R. 85 (2010)

In re Ira Glen RUSHING, XXX-XX-XXXX, 11310 CR 3292-D, Garrison, TX 75946, Debtor. Ira Glen Rushing and Jacqueline Y. Berry, Plaintiffs v. Green Tree Servicing, LLC and John Patrick Herr, Defendants.

United States Bankruptcy Court, E.D. Texas, Tyler Division.

October 6, 2010.

Attorney(s) appearing for the Case

Charles Anthony Newton, Charles Newton & Associates, The Woodlands, TX, for Plaintiffs, Ira Rushing and Jacqueline Y. Berry.

Richard A. McKinney, Higier, Allen & Lautin, P.C., Addison, TX, Charles E. Lauffer, Jr., Ritcheson, Lauffer & Vincent, P.C., Tyler, TX, for Defendants, Green Tree Servicing, LLC.

MEMORANDUM OF DECISION

BILL PARKER, Bankruptcy Judge.

Before the Court for consideration is a "Motion to Dismiss the Plaintiff's (sic) First Amended Complaint Pursuant to Bankruptcy Rule 7012(b), Federal Rules of Civil Procedure 12(b)(1), 12(b)(6), 28 U.S.C. § 1334(b), or Alternatively, Abstention in Favor of Arbitration Pursuant to 28 U.S.C. § 1334(c)(1) or Alternatively, Stay Pending Arbitration Pursuant to 9 U.S.C. Sections 1-3" filed...

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