Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

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

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: 
PDF icon 24-2002.pdf [1]
Judge: 
Benjamin A. Kahn [2]
Date: 
Friday, December 27, 2024
Published: 
No
Index Heading: 
Injunctions
Affirmed: 

Source URL:https://www.ncmb.uscourts.gov/content/brenda-j-hughes-v-mtglq-investors-lp-co-ct-corporation-system-et-al-re-brenda-j-hughes-adv

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/24-2002.pdf [2] https://www.ncmb.uscourts.gov/content/benjamin-a-kahn