Legal Opinion
Jacques v. U.S. Bank N.A. (In Re Jacques)
United States Bankruptcy Court, E.D. New York
Decided September 4, 2009No. 1-19-40728PublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM DECISION ON DEFENDANTS’ MOTION TO DISMISS THE COMPLAINT
ELIZABETH S. STONG, Bankruptcy Judge.
This adversary proceeding was commenced by the filing of a complaint by Jude Jacques, the debtor in this Chapter 13 case (the “Plaintiff’), against defendants U.S. Bank N.A. in its capacity as Trustee for the Registered Holders of the MASTR Asset Backed Securities Series 2005-NC2 (“U.S.Bank”) and Ocwen Loan Servicing (“Ocwen”) (the “Defendants”). The Plaintiff alleges that the Defendants filed an untimely and wrongful proof of claim, and that the filing of the proof of claim violated the…
2Cases cited57 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harris v. MillsCourt of Appeals for the Second Circuit · 2009
- Car Carriers, Inc. v. Ford Motor Company and Nu-Car Carriers, Inc.Court of Appeals for the Seventh Circuit · 1984
- Howell v. New York Post Co.New York Court of Appeals · 1993
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3Cited by15 opinions
- Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
- Claudio v. LVNV Funding, LLC (In Re Claudio)United States Bankruptcy Court, D. Massachusetts · 2012
- Midouin v. Downey Savings & Loan Ass'nDistrict Court, E.D. New York · 2011
- McMillen v. Syndicated Office Systems, Inc. (In Re McMillen)United States Bankruptcy Court, N.D. Georgia · 2010
- Gatewood v. CP Medical, LLC (In re Gatewood)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
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