Legal Opinion
Lemieux v. America's Servicing Co. (In re Lemieux)
United States Bankruptcy Court, D. Massachusetts
Decided November 18, 2014No. Bankruptcy No. 12-40104-MSH; Adversary No. 14-04042PublishedCited by 25 opinions
1Opinion of the Court
MEMORANDUM OF DECISION REGARDING DEFENDANTS’ MOTION TO DISMISS
MELVIN S. HOFFMAN, Bankruptcy Judge.
This matter arises from an adversary proceeding brought by the debtors in the main case, Denis P. Lemieux and Robin M. Lemieux, in which the Lemieuxs seek a judgment of contempt, money damages and attorneys’ fees against America’s Servicing Company (“ASC”) and Wells Fargo Home Mortgage for violating the discharge injunction codified in § 524(a)(2) of the Bankruptcy Code. The Lemieuxs allege that various post-discharge communications sent by ASC and Wells Fargo violated § 524(a)(2) because they…
2Cases cited15 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- Rederford v. US Airways, Inc.Court of Appeals for the First Circuit · 2009
- Pollard v. Law Office of Mandy L. SpauldingCourt of Appeals for the First Circuit · 2014
10 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Best v. Nationstar Mortgage LLC (Best)Bankruptcy Appellate Panel of the First Circuit · 2015
- McConnie Navarro v. Banco Popular De Puerto Rico (In re McConnie Navarro)United States Bankruptcy Court, D. Puerto Rico · 2017
- Todt v. Ocwen Loan Servicing, LLC (In re Todt)United States Bankruptcy Court, D. New Hampshire · 2017
- In re GillUnited States Bankruptcy Court, W.D. New York · 2015
- Kirby v. 21ST Mortg. Corp. (In re Kirby)Bankruptcy Appellate Panel of the First Circuit · 2019
20 more not listed; retrieve them via the Exa API.