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Edwards v. LVNV Funding, LLC (In re Edwards)

United States Bankruptcy Court, N.D. Illinois

Decided October 6, 2015No. Case No. 14 B 13263; Adversary No. 15 A 00384PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

Carol A. Doyle, United States Bankruptcy Judge

Deborah Edwards, a chapter 13 debtor, filed an adversary complaint against LVNV Funding, LLC and Resurgent Capital Services, LP. She alleges that they violated provisions of the Fair Debt Collections Practices Act (“FDCPA”) by filing proofs of claim to collect debts that are *362barred by the statute of limitations. Both defendants moved to dismiss the remaining two counts of the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing primarily that filing a time-barred proof of claim in a bankruptcy case does…

2Cases cited20 opinions

  1. Geinosky v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2012
  2. Maddox v. LoveCourt of Appeals for the Seventh Circuit · 2011
  3. 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
  4. 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
  5. Stanley L. Crawford v. LVNV Funding, LLCCourt of Appeals for the Eleventh Circuit · 2014

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3Cited by6 opinions

  1. Glenn v. Cavalry Investments LLC (In re Glenn)United States Bankruptcy Court, N.D. Illinois · 2016
  2. Webster Place Athletic Club, LLC v. Ramco-Webster Place, LLC (In re Webster Place Athletic Club LLC)United States Bankruptcy Court, N.D. Illinois · 2019
  3. Brick Law PLLC v. Sticky's Holdings LLCUnited States Bankruptcy Court, D. Delaware · 2025
  4. Chaille Dubois v. Atlas Acquisitions LLCCourt of Appeals for the Fourth Circuit · 2016
  5. Chaille Dubois v. Atlas Acquisitions LLCCourt of Appeals for the Fourth Circuit · 2016

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