Cases

II. The Facts A. The Cushmans' Chapter 13 Case Laurence and Carlene Cushman started their chapter 13 case in August 2014. They scheduled Credit One Bank as the holder of a general unsecured claim in the amount of $540.00 arising out of Mrs. Cushman's credit card account ending in 0642. Shortly after the chapter 13 filing, Resurgent filed the proof of claim at the nucleus of this dispute. Th

359 B.R. 764 (2006) In re Lonny Laramie MCGEE, Jr., Debtor. Cashco Financial Services, Inc., Appellant, v. Lonny Laramie McGee, Jr.; Ronald R. Sticka, Trustee; United States Trustee, Appellee. BAP No. OR-06-1065MAHK. Bankruptcy No. 05-60428. Adversary No. 05-06082. United States Bankruptcy Appellate Panel of the Ninth Circuit, Argued and Submitted on June 22, 2006.

MEMORANDUM DECISION REGARDING MOTION TO DISMISS UNDER FED. R. CIV. P. 12(b)(6) John T. Gregg, United States Bankruptcy Judge This matter is before the court on a Motion to Dismiss and brief in support thereof [Adv. Dkt. No. 15] (collectively, the “Motion to Dismiss”) filed by LVNV Funding, LLC (“LVNV”) and Resurgent Capital Services, L.P. (“Resurgent,” and together with LVNV, the Defendants”),

OPINION Hon. Peter G. Cary, United States Bankruptcy Court This case raises the question of whether filing of a proof of claim based upon a time-barred debt violates the Federal and Maine Fair Debt Collection Practices Acts and the Bankruptcy Code.1 The issue is before me on defendants LVNV Funding, LLC and Resurgent Capital Services’ motion to dismiss the complaint of plainti

MEMORANDUM OPINION ON PLAINTIFFS’ AMENDED COMPLAINT [Adv. Doc. No. 2] JEFF BOHM, Bankruptcy Judge. I. Introduction In the suit at bar, the Chapter 13 Debtors, Charles J. Ruth, III and Jennifer L. Ruth (the Plaintiffs) request this Court to disallow the proof of claim, specifically Claim No. 10, filed by Resurgent Capital Services and LVNV Funding, Inc. (the Defendan

SAYLOR, C.J., BAER, TODD, DONOHUE, DOUGHERTY, WECHT, MUNDY, JJ. OPINION JUSTICE DOUGHERTY *221Appellants, the Philadelphia Parking Authority (PPA) and the Pennsylvania Public Utility Commission (PUC), appeal from the order of the Commonwealth Court invalidating a jurisdictional agree

MEMORANDUM AND ORDER . Michael P, Shea, United States District Judge Plaintiffs Charles Hudson and Aleeshia Bailey Hudson assert claims under various consumér protection laws against Aisha Babilonia, SLM Corporation (now Navient Corporation (“Navient Corp.”)), Sallie Mae Bank, Sallie Mae, Inc. (now Navient Solutions, Inc. (“NSI”)), and PFS/Progressive Financial Services, Inc. (“Progressive”) arising from

ARTHUR D. SPATT, United States District Judge The plaintiff Julie Somerset (the "Plaintiff") initiated this putative class action against Stephen Einstein & Associates, P.C. ("Einstein, P.C.") and Stephen Einstein ("Einstein") (collectively, the "Defendants") for damages stemming from alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C., 1692 et seq . ("FDCPA"). Presently before the

MEMORANDUM AND ORDER POLLAK, United States Magistrate Judge: On December 29, 2014, plaintiff Jovana N. Moukengeschaie filed this putative class action on behalf of herself and all other similarly situated consumers against defendants Eltman, Eltman & Cooper, P.C., LVNV Funding LLC, and Resurgent Capital Services L.P., alleging violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 16

649 F.Supp.2d 1374 (2009) Suzanne SANCHEZ, Plaintiff, v. UNITED COLLECTION BUREAU, INC., et al., Defendants. Civil Action No. 1:07-CV-2478-TWT. United States District Court, N.D. Georgia, Atlanta Division. February 6, 2009. *1375 Lisa Dionne Wright, Law Office of Lisa D. Wright, Atlanta, GA, for Plaintiff. John H. Bedard,

MEMORANDUM OPINION AS TO CORE CLAIMS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AS TO NON-CORE CLAIMS AUDREY R. EVANS, Bankruptcy Judge. Table of Contents PROCEDURAL BACKGROUND.564 OVERVIEW.565 JURISDICTION.565 FACTS .568 DISCUSSION.575

LVNV Funding, LLC ("LVNV"), appeals from a judgment denying its motion to vacate a default judgment pursuant to Rule 60(b)(4), Ala. R. Civ. P.1 We reverse and remand. On April 18, 2006, Tammie Lynn (Moncries) Boyles sued LVNV in the Jefferson *Page 1223 Circuit Court ("the circuit court"). In pertinent part, Boyles's complaint alleged that LVNV was "one and the same as Resurgent Capital Ser

774 N.W.2d 190 (2009) 278 Neb. 599 STATE of Nebraska, Appellee, v. Jorge GALINDO, Appellant. Nos. S-04-443, S-04-1326. Supreme Court of Nebraska. October 9, 2009. *203 Douglas J. Stratton and Andrew D. Weeks, of Stratton & Kube, P.C., Norfolk, for appellant. Jon Bruning, Attorney General, and Ki

OPINION AND ORDER JOHN G. KOELTL, District Judge: The plaintiffs, Lori Jo Vincent, Ruth Ann Gutierrez, and Linda and John Garrido bring this purported class action on behalf of themselves and all others similarly situated against the defendants, The Money Store, TMS Mortgage, Inc., and HomEq Servicing Corp. The plaintiffs allege violations of the Fair Debt Collection Practices Act (“FDCPA”) in

Martinotti, District Judge Before this Court are: (1) Plaintiffs Bracha Pollak ("Pollak") and David Beneli's ("Beneli," together with Pollak, "Plaintiffs") Motion for Summary Judgment *818(ECF No. 50) and Motion to Certify Class (ECF No. 51); and (2) Defendant Portfolio Recovery Associates, LLC's ("PRA") Motion for Summary Judgment. (ECF No 52.

OPINION McKEOWN, Circuit Judge: Bank fees, like taxes, are ubiquitous. And, like taxes, bank fees are unlikely to go away any time soon. The question we *716 consider here is the extent to which overdraft fees imposed by a national bank are subject to state regulation.

782 F.Supp.2d 1223 (2011) Kellee CARMAN, Plaintiff, v. The CBE GROUP, INC., Defendant. Case No. 09-2538-JAR. United States District Court, D. Kansas. March 23, 2011. *1225 Raymond E. Probst, Jr., Probst Law Firm, Kansas City, KS, John D. Barker, Krohn & Moss, Ltd., Los Angeles, CA, for Plaintiff. Daniel S. Rabin, Rache

MEMORANDUM DECISION AND ORDER RESOLVING MOTIONS TO DISMISS COMPLAINT AND CROSS-COMPLAINTS HON. JAMES L. GARRITY, JR., U.S. BANKRUPTCY JUDGE INTRODUCTION Philip Michael Scott, the plaintiff and chapter 13 debtor herein (the “Debtor”), is party to a Mortgage (defined below) on certain real property located in Scarsdale, New York. In 2014, Ocwen Loan Servicing LLC (“Ocwen”), as servicer f

ORDER LAWRENCE K. KARLTON, Senior District Judge. Plaintiff Huy Thanh Vo sues defendants U.S. Bank National Association, N.D. and *1083the law firm of Nelson & Kennard for unfair debt collection practices. U.S. Bank now moves to dismiss plaintiffs Second Amended Complaint under Federal Rule of Civil Procedure 12.1</

MEMORANDUM SHELLEY D. RUCKER, Bankruptcy Judge. The Debtors objected to the claim filed by Resurgent Capital Services as servicing agent for LVNV Funding, LLC (“Claimant”), its successors and assigns, as assign-ee of Capital One. Their objection requires this court to determine whether a claim for recovery of a consumer credit card debt *825