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Launch Servicing, LLC moved to dismiss with prejudice all claims asserted against it in Jamie Eugene Ortega’s first amended adversary complaint. Launch argues that the court lacks “related to” jurisdiction because Ortega is a non-debtor, non-creditor and the claims against this third party cannot affect estate administration; it also contends the pleading fails to distinguish among the six defendants or plead actionable facts against Launch. Launch’s Motion to Dismiss Adversary Proceeding
The motion separately attacks the asserted FDCPA, EFTA, FCRA, and TILA theories, including on the grounds that the FTC Holder Rule provides no private cause of action and the complaint does not allege the notice required for an FCRA claim. If granted, the requested jurisdictional and Rule 12(b)(6) relief would remove Launch entirely from the post-confirmation litigation rather than merely narrow the complaint.
Thomas A. Pitta, as creditor trustee of the Sunnova Creditor Trust, moved to dismiss with prejudice—or alternatively obtain summary judgment on—Jamie Eugene Ortega’s first amended adversary complaint against the debtors and the trust. The motion to dismiss the amended adversary complaint invokes the confirmed plan’s permanent injunction, argues that the trust is not a successor liable for prepetition or pre-confirmation conduct, and characterizes Ortega’s attack on the WholeCo sale as an untimely collateral challenge to a final sale order.
The motion states that Ortega’s proof of claim seeks $186,515.21 and that his recourse is the unsecured-claims reconciliation process, for which the trustee anticipates an approximately 1% pro rata recovery. A dismissal would enforce the plan and sale-order protections against a claimant seeking relief outside that distribution framework and remove the litigation over the closed transaction.
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