Legal Opinion
Jenkins v. Credit Management, Inc. (In re Jenkins)
United States Bankruptcy Court, N.D. Alabama
Decided September 17, 2015No. Case No. 14-40226-JJR13; AP No. 14-40040-JJRPublishedCited by 6 opinions
1Opinion of the Court
OPINION AND ORDER GRANTING • MOTION TO DISMISS
JAMES J. ROBINSON, Chief U.S.' Bankruptcy Judge
The plaintiff-debtor’s complaint in this adversary proceeding1 seeks damages for a violation of the Fair Debt Collection Practices Act that allegedly arose when defendant, Midland Credit Management, Inc. (“Midland”) filed a time-barred claim in the debtor’s underlying chapter 13 bankruptcy case.2 Apparently, Heather Lynch (“Lynch”) was added as a defendant because she signed the proof of claim on behalf of Midland in her capacity as its Bankruptcy Specialist. The defendants filed a motion to dismiss…
2Cases cited19 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
- 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
- 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
- Ex Parte Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 2002
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Midland Funding, LLC v. JohnsonSupreme Court of the United States · 2017
- Casamatta v. Resurgent Capital Services, L.P. (In re Freeman-Clay)United States Bankruptcy Court, W.D. Missouri · 2017
- Martel v. LVNV Funding, LLC (In re Martel)United States Bankruptcy Court, D. Maine · 2015
- In re FreemanUnited States Bankruptcy Court, E.D. Pennsylvania · 2015
- Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
1 more not listed; retrieve them via the Exa API.