Citation Codes Equivalent Citations citation codes Docket Number Bankruptcy Case No. 04-13338-SBB, Adversary Proceeding No. 04-1560-SBB. See more information ... Smart Summary Please sign up to generate summary. In re: JOHNNY D. HAMILTON SUZANNA B. HAMILTON, (Chapter 7), Debtors. BANK ONE DELAWARE, N.A, f/k/a First USA, Plaintiff, v. JOHNNY D. HAMILTON, Defendant. SUMMARY JUDGMENT SIDNEY BROOKS, Bankruptcy Judge The above-captioned matter comes before the Court on the Motion to Dismiss Adversary Proceeding for Failure to State a Claim upon Which Relief Can Be Granted, Pursuant to FED.R.CIV.P. 12(b)(6), FED.R.BANKR.P. 7056 and Request for Attorney Fees ("Motion") filed by Johnny D. Hamilton ("Defendant") on June 23, 2004 (Docket # 5) and the letter response thereto filed by the Bank One Delaware, N.A., f/k/a First USA ("Plaintiff") on July 12, 2004 (Docket # 8). In accordance with the Order issued by this Court concurrently herewith, IT IS ORDERED AND ADJUDGED that Defendant's Motion is GRANTED and the within adversary proceeding is DISMISSED. IT IS FURTHER ORDERED AND ADJUDGED that the Defendant may a request for attorney fees and costs within 20 days after entry of this Judgment. Plaintiff shall thereafter have 20 days to file a response to the Defendant's request.