Legal Opinion

Johnson v. Midland Funding, LLC

District Court, S.D. Alabama

Decided March 23, 2015No. Civil Action No. 14-0322-WS-CPublishedCited by 14 opinions

1Opinion of the Court

ORDER

WILLIAM H. STEELE, Chief Judge.

This matter is before the Court on the defendant’s motion to dismiss. (Doc. 17). The parties have filed briefs in support of their respective positions, (Docs.17, 21, 22, 25, 27), and the motion is ripe for resolution. After careful consideration, the Court concludes the motion is due to be granted.

BACKGROUND

According to the complaint, (Doc. 1), the plaintiff filed for bankruptcy relief under Chapter 13. The defendant then filed a proof of claim that disclosed on its face that the claim is barred by the statute of limitations. The complaint alleges that…

2Cases cited47 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. Morton v. MancariSupreme Court of the United States · 1974
  3. Kelly v. RobinsonSupreme Court of the United States · 1986
  4. Johnson v. Home State BankSupreme Court of the United States · 1991
  5. Smith v. RobinsonSupreme Court of the United States · 1984

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3Cited by14 opinions

  1. Tia Robinson v. eCast Settlement CorporationCourt of Appeals for the Seventh Circuit · 2016
  2. Torres v. Asset Acceptance, LLCDistrict Court, E.D. Pennsylvania · 2015
  3. Casamatta v. Resurgent Capital Services, L.P. (In re Freeman-Clay)United States Bankruptcy Court, W.D. Missouri · 2017
  4. In re TempletonUnited States Bankruptcy Court, N.D. Alabama · 2015
  5. Martel v. LVNV Funding, LLC (In re Martel)United States Bankruptcy Court, D. Maine · 2015

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