Legal Opinion
Claudio v. LVNV Funding, LLC (In Re Claudio)
United States Bankruptcy Court, D. Massachusetts
Decided January 13, 2012No. 19-40421PublishedCited by 17 opinions
1Opinion of the Court
AMENDED MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court is a “Defendant’s Motion to Dismiss Plaintiffs Complaint” (the “Motion to Dismiss”) filed by defendant LVNV Funding, LLC (“LVNV”) in this adversary proceeding and a “Debtor’s Motion for Sanctions: LVNV Funding, LLC” (the “Sanctions Motion”) filed by Jose Luis Claudio, Sr. (the “Debtor”) in the main case. The underlying issue is the same: is it improper as a matter of law for a creditor to file a proof of claim for a debt which is unenforceable under state law on account of the passage of the applicable statute of…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Butner v. United StatesSupreme Court of the United States · 1979
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
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3Cited by17 opinions
- Roman-Perez v. Operating Partners Co. (In re Roman-Perez)United States Bankruptcy Court, D. Puerto Rico · 2015
- Johnson v. Midland Funding, LLCDistrict Court, S.D. Alabama · 2015
- Martel v. LVNV Funding, LLC (In re Martel)United States Bankruptcy Court, D. Maine · 2015
- Dunaway v. LVNV Funding, LLC (In re Dunaway)United States Bankruptcy Court, W.D. Missouri · 2015
- Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
12 more not listed; retrieve them via the Exa API.