IN RE SHORTSLEEVE

Bankruptcy No. 04-12862-DHW, Adversary No. 06-01080-DHW.

349 B.R. 297 (2006)

In re Raymond G. SHORTSLEEVE and Cynthia D. Shortsleeve, Debtors. Cynthia D. Shortsleeve, Plaintiff, v. Centurytel of Alabama, LLC, and Robinson, Reagan & Young, PLLC, Defendants.

United States Bankruptcy Court, M.D. Alabama.

September 6, 2006.


Attorney(s) appearing for the Case

David G. Poston, Espy, Metcalf and Poston, Dothan, AL, for Debtors/Plaintiff.

James D. Farmer, Farmer, Farmer, Malone & Sherrer, P.A., Dothan, AL, for Defendants.


MEMORANDUM OPINION

DWIGHT H. WILLIAMS, JR., Bankruptcy Judge.

Before the court is the defendants' motion to dismiss the complaint pursuant to Fed. R. Civ. Proc. 12(h)(1) and (6).1 For the reasons that follow, the motion will be granted as to the Fair Debt Collection Practices Act counts but denied as to the 11 U.S.C. § 524 counts.

Procedural Background

The...

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