Brenda J. Hughes v. MTGLQ Investors, LP c/o CT Corporation System, et al. (In re: Brenda J. Hughes) (Adv. No. 24-02002)

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Memorandum Opinion and Order Granting Motion to Dismiss in Part. Plaintiff alleged that Defendants violated the discharge injunction of 11 U.S.C. § 524(a)(2) by (a) reactivating and proceeding with a state court reformation action; (b) instituting a foreclosure proceeding against real property upon which Plaintiff resides; and (c) sending certain communications to Plaintiff. Plaintiff further alleged that the judgement entered in the state court reformation action is void under 11 U.S.C. § 524(a)(1).  The Court granted a motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6) with respect to the claims that (a) Defendants violated § 524(a)(2) by (a) reactivating and proceeding with a state court reformation action; (b) instituting a foreclosure proceeding against real property upon which Plaintiff resides; (c) sending the communications reflected in ECF No. 1-9; and (d) that the state court reformation action is void under § 524(a)(1). The Court denied the motion to dismiss for failure to state a claim with respect to the claim that Defendants violated 11 § 524(a)(2) by sending the communications reflected in ECF No. 1-7.

 

File: 
Date: 
Friday, December 27, 2024
Published: 
No
Index Heading: 
Injunctions
Affirmed: