The Court (1) denied creditor's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) (and Federal Rule of Bankruptcy Procedure 7012(b)(6)) as to the cause of action for alleged negligence because harm from a completed wrongful foreclosure could exceed any purely contractual measure of damages resulting from such an act, and (2) granted creditor's motion to dismiss as to the cause of action for intentional infliction of emotional distress because, under Ely v. Whitlock, 238 Va. 670 (1989), the claim fails to allege with specificity that the creditor's employees made the foreclosure referral with the specific intent of inflicting emotional distress upon the debtors or that they knew or should have known that such distress was likely to occur.