- 11 U.S.C.
Wynne v. Aurora Loan Servs. LLC (In re Wynne)
Jan
14
2010
Ruling
Bankruptcy court had jurisdiction over proceeding for violations of stay and discharge injunction but dismissed fair debt collection claims.
Procedural posture
Debtors brought an adversary complaint against defendant, their mortgage creditor, asserting claims for violation of the automatic stay, the discharge injunction, the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA). The creditor filed a motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction, under Fed. R. Civ. P. 12(b)(1) and (6).
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Court
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