Legal Opinion
Kirby v. 21ST Mortg. Corp. (In re Kirby)
Bankruptcy Appellate Panel of the First Circuit
Decided May 14, 2019No. BAP NO. EP 18-024; Bankruptcy Case No. 14-20682-PGC; Adversary Proceeding No. 17-02007-PGCPublishedCited by 13 opinions
1Opinion of the Court
Katz, U.S. Bankruptcy Appellate Panel Judge.
Gregory M. Kirby ("Mr. Kirby") appeals from the bankruptcy court's order (the "Order") granting summary judgment in favor of 21st Mortgage Corporation ("21st Mortgage") on his complaint alleging that post-discharge communications from 21st Mortgage were attempts to collect a discharged debt in violation of § 524(a)(2)'s discharge injunction and the Fair Debt Collections Practices Act ("FDCPA").1 Mr. Kirby asserts that the bankruptcy court erred in granting summary judgment in favor of 21st Mortgage because: (1) there were genuine issues of material…
2Cases cited38 opinions
- Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Bankers Trust Co. v. MallisSupreme Court of the United States · 1978
- Bullard v. Blue Hills BankSupreme Court of the United States · 2015
- Noviello v. City of BostonCourt of Appeals for the First Circuit · 2005
33 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Emilio Torres Ramos v. Cooperativa de Ahorro y Credito Aguas BuenasUnited States Bankruptcy Court, D. Puerto Rico · 2021
- Hughes v. MTGLQ Investors, LP c/o CT Corporation System et aUnited States Bankruptcy Court, M.D. North Carolina · 2024
- In Re: John Daniel DeaneUnited States Bankruptcy Court, D. Maine · 2026
- In re Rodolfo Orozco Galindo and Dessie L. Vega SorrentiUnited States Bankruptcy Court, D. Puerto Rico · 2025
- In re: Bernando Rivera Padilla and Nanette Marie Cofan Perez v. Puerto Rico Treasury Department, through its Secretary, Francisco Pares Alicea, and Secretary of Justice, Domingo Emanueli Hernandez; and Commonwealth of Puerto Rico, through its Secretary of Justice, Domingo Emanueli HernandezUnited States Bankruptcy Court, D. Puerto Rico · 2023
8 more not listed; retrieve them via the Exa API.