Cooper v. Mortgage Investors Corp. (In re Kline)

ORDER DENYING MOTION TO DISMISS OF FIRSTPLUS FINANCIAL, INC.

MARVIN R. WOOTEN, Bankruptcy Judge.

THIS MATTER came on to be heard after notice and a hearing on the Motion of the Defendant FirstPlus Financial, Inc., by and through its sub-servicer Western Interstate Bancorp (the “Motion”), and the Response in opposition to the Defendant’s Motion filed by Langdon A. Cooper, Trustee in Bankruptcy for Jonathan Eric Kline and Linda McNeill Kline; and after considering the record and the arguments of counsel, it appears the Motion should be denied; in this regard, the Court finds and concludes as…