Newcomer v. Litton Loan Servicing, L.P. (In Re Newcomer)

MEMORANDUM OPINION

THOMAS J. CATLIOTA, Bankruptcy Judge.

Debtor Kevin K. Newcomer (the “Plaintiff’) and his wife, Louise M. Newcomer (“Mrs.Newcomer”) (collectively, the “Plaintiffs”) have brought this action against Litton Loan Servicing, LP (“Defendant”). The Amended Complaint asserts four counts: Count 1, violation of the automatic stay of § 362 of the Bankruptcy Code; Count 2, violation of § 1327 of the Bankruptcy Code; Count 3, violation of § 1328 of the Bankruptcy Code; and Count 4, intentional infliction of emotional distress. 1 The parties have filed cross-motions for summary judgment…