18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 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' "
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,302 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Malleus v. George
641 F.3d 560 (3d Cir. 2011) Cited 2,629 times 1 Legal Analyses
Holding inquiry is normally broken into three parts: identifying the elements of a claim, reviewing the complaint to strike conclusory allegations, and then looking at the well-pleaded components of the complaint and evaluating whether all of the elements identified in part one of the inquiry are sufficiently alleged.
In re Rockefeller Ctr. Props.
184 F.3d 280 (3d Cir. 1999) Cited 750 times
Holding that “[t]he parties can take advantage of this opportunity only if they have ‘notice of the conversion'” which is “unambiguous” and “fairly apprise the parties that the court intends to convert the motion”
Walls v. Wells Fargo Bank, N.A.
276 F.3d 502 (9th Cir. 2002) Cited 436 times 6 Legal Analyses
Holding that the Bankruptcy Code precludes a claim under the Fair Debt Collection Practices Act based on an alleged attempt to collect a discharged debt
Simon v. FIA Card Services, N.A.
732 F.3d 259 (3d Cir. 2013) Cited 157 times 6 Legal Analyses
Holding that letters proposing foreclosure alternatives were actionable because there is no requirement that one demand payment but only that the communication convey information about a debt
In re Joubert
411 F.3d 452 (3d Cir. 2005) Cited 126 times 1 Legal Analyses
Holding that the appellant's "lone remedy is a contempt proceeding pursuant to § 105 in bankruptcy court"
Dougherty v. Wells Fargo Home Loans, Inc.
425 F. Supp. 2d 599 (E.D. Pa. 2006) Cited 33 times
Holding that a payoff statement sent by debt collector, providing the amount necessary to satisfy past-due mortgage obligations, violated §1692e where it included attorneys' fees, which were not clearly itemized
Beck v. Gold Key Lease, Inc. (In re Beck)
283 B.R. 163 (Bankr. E.D. Pa. 2002) Cited 26 times
Declining to exercise jurisdiction over claims related to conduct that violated discharge injunctions of other courts and noting that "[a]s a general principle of law, only the court which issues an injunction has the authority to enforce it."
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 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 105 - Power of court
11 U.S.C. § 105 Cited 9,440 times 73 Legal Analyses
Granting the court powers as appropriate to carry out the Code
Section 506 - Determination of secured status
11 U.S.C. § 506 Cited 7,365 times 51 Legal Analyses
Authorizing surcharge “to the extent of any benefit” to the secured creditor
Section 524 - Effect of discharge
11 U.S.C. § 524 Cited 6,159 times 72 Legal Analyses
Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,441 times 67 Legal Analyses
Setting forth requirements for disputing a debt

Dunlap et al v. Caliber Home Loans, Inc.

18 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that executive branch officers had qualified immunity

Holding that “[t]he parties can take advantage of this opportunity only if they have ‘notice of the conversion'” which is “unambiguous” and “fairly apprise the parties that the court intends to convert the motion”

Holding that the Bankruptcy Code precludes a claim under the Fair Debt Collection Practices Act based on an alleged attempt to collect a discharged debt

Holding that letters proposing foreclosure alternatives were actionable because there is no requirement that one demand payment but only that the communication convey information about a debt

Holding that the appellant's "lone remedy is a contempt proceeding pursuant to § 105 in bankruptcy court"

Holding that a payoff statement sent by debt collector, providing the amount necessary to satisfy past-due mortgage obligations, violated §1692e where it included attorneys' fees, which were not clearly itemized

Declining to exercise jurisdiction over claims related to conduct that violated discharge injunctions of other courts and noting that "[a]s a general principle of law, only the court which issues an injunction has the authority to enforce it."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting the court powers as appropriate to carry out the Code

Authorizing surcharge “to the extent of any benefit” to the secured creditor

Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

Setting forth requirements for disputing a debt