Legal Opinion
In re Thomas
United States Bankruptcy Court, W.D. Virginia
Decided September 28, 2018No. Case No. 16-50612; Case No. 16-50396; Adv. P. No. 17-05010PublishedCited by 4 opinions
1Opinion of the Court
Rebecca B. Connelly, UNITED STATES BANKRUPTCY JUDGE
The Court now faces round two of the dispositive motions to dismiss or dispose of this adversary proceeding. In round one, the defendants, Midland Funding, LLC and Midland Credit Management, Inc. ("Midland"), moved to dismiss the complaint under Rule 12(b)(6) for failure to state an actionable claim. The Court denied the motion to dismiss Count I but granted the motion to dismiss Count II with leave to amend the complaint. Now in round two, the plaintiffs, Karen Thomas, Gary Brooks, and Mary Gillespie-Brooks, amended the complaint, and the…
2Cases cited7 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
- In Re United States Lines, Inc.Court of Appeals for the Second Circuit · 1999
- Creighton v. Emporia Credit Service, Inc.District Court, E.D. Virginia · 1997
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3Cited by4 opinions
- Bernadin v. US Bank National Association as Trustee, SuccessorUnited States Bankruptcy Court, E.D. Pennsylvania · 2019
- Harlow v. Wells Fargo & Co.United States Bankruptcy Court, W.D. Virginia · 2022
- Steed v. Educational Credit Management CorporationUnited States Bankruptcy Court, N.D. Georgia · 2020
- Thomas v. Midland Funding LLCUnited States Bankruptcy Court, W.D. Virginia · 2020