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Thomas v. Midland Funding LLC (In re Thomas) (Case No. 16-50612; A.P. No. 17-05010) 11/30/2017

Consumer debtors filed complaints, asserting two counts against Midland Funding, LLC, and Midland Credit Management, Inc. (collectively, “Midland”).  In Count I, the plaintiffs alleged Midland violated the Fair Debt Collection Practices Act, specifically sections 1692e and 1692f.  In Count II, the plaintiffs alleged Midland violated Federal Rule of Bankruptcy Procedure 3001.  Midland moved to dismiss the complaints for failure to state claim pursuant to Federal Rule of Civil Procedure 12(b)(6).  The Court granted in part and denied in part the motion to dismiss.  The motion to dismiss was denied as to Count I.  The motion was granted without prejudice as to Count II, Count II of plaintiffs’ complaint was dismissed without prejudice, and plaintiffs were granted leave to amend Count II of the complaint.

Date: 
Thursday, November 30, 2017
Category: 
Adversary Proceedings
Chapter 13 Issues
Proofs of Claim
Rule 12(b)(6)
Chapter: 
13