Legal Opinion

Montano v. First Light Federal Credit Union (In re Montano)

United States Bankruptcy Court, D. New Mexico

Decided March 21, 2013No. Bankruptcy No. 7-04-17866-TL; Adversary No. 07-1026PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

DAVID T. THUMA, Bankruptcy Judge.

I. INTRODUCTION

Plaintiffs allege in this class action that Defendant violated the discharge injunc*700tion1 granted in about 1600 New Mexico bankruptcy cases by failing to update credit reports to reflect bankruptcy discharges, instead continuing to report the debts as past due. Plaintiffs seek declaratory and injunctive relief (Class 1) and compensatory and punitive damages (Class 2). The classes were certified in October, 2008.2 Defendant has now moved to decertify the classes.3 Pursuant to Rule 23(c)(1)(C),4 it is appropriate to revisit the…

2Cases cited63 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Califano v. YamasakiSupreme Court of the United States · 1979

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3Cited by9 opinions

  1. Keller v. New Penn Financial, LLC (In Re Keller)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  2. Otero v. Green Tree Servicing, LLC (In re Otero)United States Bankruptcy Court, D. New Mexico · 2013
  3. In re SanchezUnited States Bankruptcy Court, D. New Mexico · 2016
  4. In re: Robert C. Keller and Finley Jones KellerUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2017
  5. Marvin Gaye GordonUnited States Bankruptcy Court, N.D. Georgia · 2021

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