Pleading - Bankruptcy
Pleading - Subject
Issued:
Date
Description
This is a December 2024 opposition to the home equity investment lender’s motion to dismiss the debtor in bankruptcy’s adversary proceeding complaint and objection to a proof of claim filed in the bankruptcy court for the District of Colorado. The complaint alleges unconscionability, violation of the Colorado UDAP statute, violations of Colorado mortgage lending law, the Colorado Consumer Credit Code, and Colorado reverse mortgage requirements, and fraudulent notarization. It also seeks rejection of the executory contract and objection to the lender’s proof of claim. An important issue in the debtor’s opposition to the motion to dismiss is whether the home equity investment loan is a mortgage loan or not. The brief was drafted by Alex Witteveld from Colorado Legal Services and Shennan Kavanagh and Jennifer Wagner from NCLC.
