Williams v. EMC Mortgage Corp. (In Re Williams)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
MEMORANDUM
KEVIN J. CAREY, Bankruptcy Judge.
Hattie Williams (the “Debtor”) filed a complaint against the defendant, EMC Mortgage Corporation (“EMC”), commencing this adversary proceeding on April 26, 2001. On May 24, 2001, EMC filed a Motion to Dismiss. After EMC filed the Motion to Dismiss, the debtor filed an amended complaint on July 30, 2001 (the “Complaint”), which included a second count. 1 EMC filed an answer to debtor’s Complaint on August 30, 2001. For the reasons set forth in this Memorandum, EMC’s Motion to Dismiss will be granted, in part.
LEGAL STANDARD
In considering the Motion to…
2Cases cited11 opinions
- Beach v. Ocwen Federal BankSupreme Court of the United States · 1998
- Young v. United StatesSupreme Court of the United States · 2002
- First United Methodist Church of Hyattsville v. United States Gypsum CompanyCourt of Appeals for the First Circuit · 1989
- In Re Ralph E. Taylor, Debtor. Ralph E. TaylorCourt of Appeals for the Third Circuit · 1996
- Susanne H. Ramadan, on Her Own Behalf and on Behalf of All Others Similarly Situated v. The Chase Manhattan Corporation Hyundai Motor Finance CoCourt of Appeals for the Third Circuit · 1998
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3Cited by9 opinions
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- Commercial Financial Services, Inc. v. Temple (In Re Commercial Financial Services, Inc.)United States Bankruptcy Court, N.D. Oklahoma · 2003
- Bryce v. Lawrence (In re Bryce)United States Bankruptcy Court, W.D. Washington · 2013
- Lyon v. Aguilar (In Re Aguilar)United States Bankruptcy Court, D. New Mexico · 2012
- Thomas v. GMAC Residential Funding Corp.District Court, D. Maryland · 2004
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