- 11 U.S.C.
Alcantara v. Citimortgage Inc. (In re Alcantara)
Apr
09
2008
Ruling
Class action complaint for violations of stay dismissed due to debtor's failure to allege creditor's actions resulted in injury.
Procedural posture
Plaintiff debtors filed an action against defendant creditor alleging violations of the Florida Consumer Collection Practices Act. In an amended complaint, the debtors filed a class action individually and on behalf of others similarly situated, alleging three counts of violations of the automatic stay imposed under 11 U.S.C.S. § 362(a)(6). The creditor filed a motion to dismiss.
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Court
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