Legal Opinion

LaGrone v. LVNV Funding LLC (In re LaGrone)

United States Bankruptcy Court, N.D. Illinois

Decided January 21, 2015No. Bankruptcy No. 13 B 21423; Adversary No. 14 A 00578PublishedCited by 20 opinions

1Opinion of the Court

Memorandum of Decision

EUGENE R. WEDOFF, Bankruptcy Judge.

In this adversary proceeding, a Chapter 13 debtor alleges that the defendants violated the Fair Debt Collection Practices Act (FDCPA) by filing a claim subject to a *421limitations defense. The defendants.have moved to dismiss the debtor’s complaint for failure to state a claim on which relief can be granted. As discussed below, (1) a bankruptcy judge may not enter a final judgment in this adversary proceeding because the proceeding, though related to the bankruptcy case, arises neither under the Bankruptcy Code nor within the bankruptcy…

2Cases cited34 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Equal Employment Opportunity Commission v. Concentra Health Services, Inc.Court of Appeals for the Seventh Circuit · 2007
  3. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987
  4. Metropolitan Housing Development Corp., Northwest Opportunity Center and Eluteria D. Maldonado, Intervening v. Village of Arlington HeightsCourt of Appeals for the Seventh Circuit · 1977
  5. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987

29 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Tia Robinson v. eCast Settlement CorporationCourt of Appeals for the Seventh Circuit · 2016
  2. Johnson v. Midland Funding, LLCDistrict Court, S.D. Alabama · 2015
  3. Taylor v. Midland Funding, LLCDistrict Court, N.D. Illinois · 2015
  4. Gatewood v. CP Medical, LLC (In re Gatewood)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
  5. Avalos v. LVNV Funding, LLC (In re Avalos)United States Bankruptcy Court, N.D. Illinois · 2015

15 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API