Legal Opinion
Marshall v. PNC Bank, N.A. (In re Marshall)
United States Bankruptcy Court, S.D. Ohio
Decided September 24, 2012No. Bankruptcy No. 09-10657; Adversary No. 10-1046PublishedCited by 12 opinions
1Opinion of the Court
ORDER REGARDING MOTION TO DISMISS PLAINTIFF’S FIRST AMENDED COMPLAINT
BETH A. BUCHANAN, Bankruptcy Judge.
The debtor initiated an adversary proceeding in this Court asserting that the bank purposefully and systematically attempted to collect debts discharged in bankruptcy from the debtor and a putative class of similarly situated debtors in violation of both the United States Bankruptcy Code and the Fair Debt Collection Practices Act. The bank contends that the cause of action alleged by the debtor under the United States Bankruptcy Code should be dismissed because asserting such claim in an…
2Cases cited46 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Stern v. MarshallSupreme Court of the United States · 2011
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Directv, Inc. And Echostar Satellite L.L.C. v. Mark Treesh, Commissioner for the Department of Revenue for the State of KentuckyCourt of Appeals for the Sixth Circuit · 2007
- The Ohio National Life Insurance Company v. United StatesCourt of Appeals for the Sixth Circuit · 1990
41 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
- Roman-Perez v. Operating Partners Co. (In re Roman-Perez)United States Bankruptcy Court, D. Puerto Rico · 2015
- Daniels v. Howe Law Firm, P.C. (In re Daniels)United States Bankruptcy Court, N.D. Georgia · 2018
- Broadrick v. LVNV Funding LLC (In re Broadrick)United States Bankruptcy Court, M.D. Tennessee · 2015
- Englert v. Ocwen Loan Servicing, LLC (In re Englert)United States Bankruptcy Court, W.D. Pennsylvania · 2013
7 more not listed; retrieve them via the Exa API.