Legal Opinion
Simmons v. Roundup Funding, LLC
Court of Appeals for the Second Circuit
Decided October 5, 2010No. Docket 09-4984-cvPublishedCited by 95 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
Lamont and Melissa Simmons (“the Simmons”) allege that an inflated proof of claim filed by a creditor in them bankruptcy proceeding constituted a violation of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. They appeal from a judgment of the United States District Court for the Southern District of New York (Sweet, J.), dismissing their complaint on the pleadings. We hold that such a proof of claim cannot form the basis for a claim under the FDCPA, and therefore we affirm.
I
The Simmons sought protection in bankruptcy in October 2007. In…
2Cases cited8 opinions
- Mace v. Van Ru Credit Corp.Court of Appeals for the Seventh Circuit · 1997
- Vietnam Ass'n for Victims of Agent Orange v. Dow Chemical Co.Court of Appeals for the Second Circuit · 2008
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
- Jacobson v. Healthcare Financial Services, Inc.Court of Appeals for the Second Circuit · 2008
- Jeanette Randolph v. Imbs, Inc., Cheryl Alexander v. Unlimited Progress Corp., Cross-Appellee. Jennifer J. Cross v. Risk Management Alternatives, Inc.Court of Appeals for the Seventh Circuit · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Littlejohn v. City of New YorkCourt of Appeals for the Second Circuit · 2015
- Duplan v. City of New YorkCourt of Appeals for the Second Circuit · 2018
- Cohen v. Rosicki, Rosicki & Assocs., P.C.Court of Appeals for the Second Circuit · 2018
- Papelino v. Albany College of Pharmacy of Union UniversityCourt of Appeals for the Second Circuit · 2011
- Huebner v. Midland Credit Mgmt., Inc.Court of Appeals for the Second Circuit · 2018
90 more not listed; retrieve them via the Exa API.