Legal Opinion
Patterson v. Homecomings Financial, LLC (In Re Patterson)
United States Bankruptcy Court, E.D. Wisconsin
Decided February 23, 2011No. 19-20062PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM DECISION ON MOTION TO DISMISS
SUSAN V. KELLEY, Bankruptcy Judge.
In this adversary proceeding, Don and Diane Patterson (the “Debtors”), on behalf of themselves and others similarly situated, sued their mortgage servicer, Homecomings Financial, LLC (“Homecomings”), for violating the automatic stay of 11 U.S.C. § 362. Homecomings has filed a Motion to Dismiss the Debtors’ Complaint for failing to state a claim. After briefing and a hearing, the Court denied Homecomings’ Motion; this Memorandum Decision memorializes that decision.
I.FACTS AND PROCEDURAL BACKGROUND
The relevant facts are…
2Cases cited22 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Swanson v. Citibank, N.A.Court of Appeals for the Seventh Circuit · 2010
- Laura Anne Aiello v. Providian Financial Corp.Court of Appeals for the Seventh Circuit · 2001
- Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)United States Bankruptcy Court, S.D. Texas · 2007
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3Cited by1 opinion
- Ginn v. CitiMortgage, Inc. (In re Ginn)United States Bankruptcy Court, D. South Carolina · 2012