Landry

Landry v. Bank of America, N.A. (In re Landry)

Good Law
493 B.R. 541
United States Bankruptcy Court, Eastern District of CaliforniaMay 15, 2013Bankruptcy No. 11-31221-E-13; Adversary No. 12-2675; Docket Control No. DBR-1California9,953 words

Opinion

Lead Opinion

Sargis, J.

MEMORANDUM OPINION AND DECISION

Defendants Bank of America, N.A. (“BAÑA”) and U.S. Bank, N.A., as Trustee for Certificate holders of LXS 2007-16N Trust Fund (“U.S. Bank”) (collectively “Defendants”) seek to dismiss the Third Cause of Action (violation of the automatic stay) and Fourth Cause of Action (violation of California Rosenthal Fair Debt Collection Practices Act) in this Adversary Proceeding. It is asserted that the Complaint does not state claims upon which relief can be granted. Fed.R.Civ.P. 12(b)(6) and Fed. R. BankrJP. 7012.

BACKGROUND OF BANKRUPTCY CASE

Plaintiffs Anthony Landry and Teresa Landry (“Plaintiffs”) filed their Chapter 13 petition on May 4, 2011. The court confirmed the Plaintiffs’ Amended Chapter 13 Plan on October 4, 2011. 1 The Amended Chapter 13 Plan provides for the payment of the Class 1 Secured Claim of BAC Home Loan Servicing (“Class 1 Claim”). 2 The Class 1 Claim is identified as secured by the real property commonly known as 7730 Meadowlark Lane, Sheridan, California. The post-petition monthly mortgage payments of $2,200.75 (or as adjusted pursuant to the underlying contract for the debt) for this claim are provided to be paid in the confirmed…

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