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Case 1-12-00160-cjf

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Filed 09/14/12 Entered 09/14/12 15:51:03 Document Page 1 of 2

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UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF WISCONSIN In Re the Bankruptcy of SUZANNAH META SCHMID Debtor. SUZANNAH META SCHMID, Plaintiff, v. BANK OF AMERICA, N.A., as successor by merger to BAC Home Loans Servicing, LP, and ASSOCIATED BANK, N.A., Defendants. DEFENDANT BANK OF AMERICA, N.A.S MOTION TO DISMISS PLAINTIFFS ADVERSARY COMPLAINT WITH PREJUDICE Defendant Bank of America, N.A., as successor by merger to BAC Home Loans Servicing, LP1 (Defendant or BANA), by and through counsel, respectfully moves this Court to dismiss Plaintiffs amended adversary complaint (the Complaint)2 with prejudice pursuant to Rule 7012 of the Federal Rules of Bankruptcy Procedure and Rule 12(b)(6) of the Federal Rules of Civil Procedure. BANA respectfully requests that this Court dismiss Plaintiffs Complaint with prejudice under res judicata and for failing to state a claim upon which relief can be granted.
1

Case No.: 10-12142-TSU Chapter 13

Adversary No.: 12-00160

BAC Home Loans Servicing, LP merged with and into Bank of America, N.A. on July 1, 2011 and, thus, no longer exists as a legal entity. See Compl. 7.
2

Plaintiff filed her original adversary complaint on August 15, 2012 and then the current amended adversary complaint on August 16, 2012.

Case 1-12-00160-cjf

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Filed 09/14/12 Entered 09/14/12 15:51:03 Document Page 2 of 2

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Dated this 14th day of September, 2012. QUARLES & BRADY LLP

/s/ Katherine Maloney Perhach Katherine Maloney Perhach 411 E. Wisconsin Ave., Suite 2350 Milwaukee WI 53202-4426 Telephone: (414) 277-5699 Facsimile: (414) 978-8699 Email: katherine.perhach@quarles.com Attorney for Defendant Bank of America, N.A. as successor by merger to BAC Home Loans Servicing, LP.

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