Legal Opinion

Howe v. Creditors Interchange Receivable Management, LLC (In Re Howe)

United States Bankruptcy Court, E.D. Pennsylvania

Decided July 2, 2009No. 14-11751Published

1Opinion of the Court

Opinion

STEPHEN RASLAVICH, Chief Judge.

Introduction

Defendant, Bank of America, N.A. (“BofA”), moves to dismiss the Plaintiffs’ complaint as to itself, pursuant to Fed. R.Civ.P. 12(b)(1) and 12(b)(6), 1 for lack of subject matter jurisdiction and failure to state a claim, respectively. Plaintiffs move for permission to amend the complaint under Fed.R.Civ.P. 15(a). 2

Plaintiffs’ complaint alleges that defendant, Creditors Interchange Receivable Management, LLC (“CIRM”), acting through and by its agent, engaged in a prohibited debt collection practice which resulted in defendant, Bank of America,…

2Cases cited24 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Erickson v. PardusSupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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