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Opinion 468

Case Name: 

Jones v. Homecomings Financial Network and Residential Funding Corporation (In re Jones)

Judge: 
Judge Thurman
Date: 
Jan-24-2005
Case Number(s): 
04-2636
Status: 

UNPUBLISHED

Body: 

Defendants sought an order dismissing Counts 3-12 and 14 in the Plaintiff's Complaint for failure to state a claim upon which relief can be granted because, Defendants argued, the applicable statutes of limitation created a complete bar to Plaintiffs' recovery on those claims. Defendants further argued that the Wrongful Foreclosure claim was not ripe because Defendants had not conducted a foreclosure sale, and that the Objection to the Proof of Claim was not ripe because Defendants had not filed a proof of claim in this case. The Court found that 1) Debtor's wife could not utilize § 108(a) because she is not a debtor in this bankruptcy case; 2) Debtor himself could not utilize § 108(a) because that section was meant to benefit solely trustees or debtors in possession; 3) Debtor is not afforded the benefits of § 1640(e) because it is inapplicable to this case; and 4) Debtor's objection to proof of claim is unripe because neither Defendant had filed a proof of claim in this case. Accordingly, the Defendants' Motion to Dismiss Counts 3 through 12 and Count 14 of Plaintiffs' Complaint was granted.

Internal Ref: 
Opinion 468
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