Ganas

MEMORANDUM OPINION AND DECISION MOTION TO DISMISS COMPLAINT

On March 14, 2014, Linda Ganas and Jack Ganas (“Plaintiffs”) commenced this Adversary Proceeding asserting an Objection to the Proof of Claim filed by Wells Fargo Bank, N.A. (“Defendant”) and asserting seven affirmative claims for relief against Defendant. In response to the Complaint, Defendant filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) all claims for relief in the Complaint. 1 Defendant argues that Plaintiffs have failed to state a claim upon which relief can be granted, and requests that all of Plaintiffs’ claims be dismissed. It is further argued that Plaintiffs’ state *399 law and non-bankruptcy law federal claims are preempted by the Bankruptcy Code.

The court reviews the Complaint for a Motion to Dismiss to determine whether the Plaintiffs have presented a “short and plain statement showing that the pleader is entitled to the relief’ required by Federal Rule of Civil Procedure 8(a) and Federal Rule of Bankruptcy Procedure 7008, as applied by the Supreme Court in Ashcroft v. Iqbal, 556 U.S. 662 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009), and Bell Atl. Corp. v. Twombly, 550 U.S.…