Legal Opinion

Avalos v. LVNV Funding, LLC (In re Avalos)

United States Bankruptcy Court, N.D. Illinois

Decided June 12, 2015No. Bankruptcy No. 13-bk-40865; Adversary No. 15-ap-91PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION DENYING LVNV’S MOTION. TO DISMISS

Jack B. Schmetterer, United States Bankruptcy Judge

This Adversary Proceeding relates to the bankruptcy case filed by debtor-defendant Rose I. Avalos (“Debtor”) under Chapter 13 of the Bankruptcy Code. LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services LP (“Resurgent,” collectively the “Claimants”) filed proofs of claim for debts that were past the statute of limitations. Avalos objected to the proofs of claim, which were subsequently disallowed. (Bankruptcy Dkts. 92 & 93.) She also filed this adversary proceeding seeking damages,…

2Cases cited30 opinions

  1. Gibson v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1990
  2. Geinosky v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2012
  3. Ann Bogie v. Joan AlexandraSangerCourt of Appeals for the Seventh Circuit · 2013
  4. Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.Supreme Court of the United States · 2010
  5. 17 Collier bankr.cas.2d 230, Bankr. L. Rep. P 71,695 in the Matter of Xonics, Inc., Debtors. Elscint, Inc., and Elscint Imaging, Inc. v. First Wisconsin Financial CorporationCourt of Appeals for the First Circuit · 1987

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3Cited by9 opinions

  1. Glenn v. Cavalry Investments LLC (In re Glenn)United States Bankruptcy Court, N.D. Illinois · 2016
  2. Martel v. LVNV Funding, LLC (In re Martel)United States Bankruptcy Court, D. Maine · 2015
  3. Edwards v. LVNV Funding, LLC (In re Edwards)United States Bankruptcy Court, N.D. Illinois · 2015
  4. Feggins v. LVNV Funding LLC (In re Feggins)United States Bankruptcy Court, M.D. Alabama · 2015
  5. In re FreemanUnited States Bankruptcy Court, E.D. Pennsylvania · 2015

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