§Why CasetextPricing

Birtchman v. LVNV Funding, LLC et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,807 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 3,005 times   6 Legal Analyses
    Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

  5. Gibson v. City of Chicago

    910 F.2d 1510 (7th Cir. 1990)   Cited 2,910 times
    Holding that "the actions of an officer who has no authority whatsoever to act" are outside the ambit of § 1983

  6. Christensen v. Cty. of Boone

    483 F.3d 454 (7th Cir. 2007)   Cited 517 times
    Holding that the police did not violate one person's reasonable expectations of privacy by searching another person's cellphone

  7. Gonzales v. Arrow Financial Services

    660 F.3d 1055 (9th Cir. 2011)   Cited 319 times
    Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so

  8. Randolph v. IMBS, Inc.

    368 F.3d 726 (7th Cir. 2004)   Cited 377 times   6 Legal Analyses
    Holding that the Bankruptcy Code "cannot be deemed to have repealed or curtailed [the FDCPA] by implication"

  9. Mccollough v. Johnson, Rodenburg Lauinger

    637 F.3d 939 (9th Cir. 2011)   Cited 274 times
    Holding that debt collection firm violated the FDCPA by requesting unauthorized attorney's fees in its underlying state collection complaint

  10. Crawford v. LVNY Funding, LLC

    758 F.3d 1254 (11th Cir. 2014)   Cited 202 times   18 Legal Analyses
    Holding that the filing of an unenforceable proof of claim in a bankruptcy proceeding constitutes an unlawful debt collection practice

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,740 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,419 times   174 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  14. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,714 times   210 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  15. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,988 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  16. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,921 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  17. Rule 9011 - Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of Papers

    Fed. R. Bankr. P. 9011   Cited 2,470 times   9 Legal Analyses
    Adopting Fed.R.Civ.P. 11

  18. Section 501 - Filing of proofs of claims or interests

    11 U.S.C. § 501   Cited 2,457 times   5 Legal Analyses
    Outlining that a creditor has standing to file a proof of claim, but when a creditor fails to do so, other entities are permitted to file a proof of claim