Legal Opinion
Kirby v. 21st Mortg. Corp. (In re Kirby)
United States Bankruptcy Court, D. Maine
Decided June 26, 2018No. Case No.: 14-20682; Adv. Proc. No.: 17-2007PublishedCited by 2 opinions
1Opinion of the CourtPeter G. Cary, Judge
This matter comes before the court on the motion for summary judgment by defendant 21st Mortgage Corporation ("21st Mortgage"). Plaintiff Gregory Kirby alleges that certain post-petition written communications to his wife and him from 21st Mortgage and the filing of a pleading in a state court foreclosure action against them violate the bankruptcy discharge injunction, 11 U.S.C. § 524(a)1 , and the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C. § 1692. 21st Mortgage maintains that there are no material disputes of fact as respects those issues and that it is entitled to judgment as…
2Cases cited21 opinions
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Henson v. Santander Consumer USA Inc.Supreme Court of the United States · 2017
- Williams v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1915
- Robert Brennan v. Roderick HendriganCourt of Appeals for the First Circuit · 1989
- Perez-De-Munoz v. Volvo Car Corp.Court of Appeals for the First Circuit · 2001
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3Cited by2 opinions
- Kirby v. 21ST Mortg. Corp. (In re Kirby)Bankruptcy Appellate Panel of the First Circuit · 2019
- In Re: John Daniel DeaneUnited States Bankruptcy Court, D. Maine · 2026