Lopez v. Portfolio Recovery Associates, LLC

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 2 MOTION to Withdraw Reference as to Bankruptcy Case No. 13-7019 (Signed by Judge Micaela Alvarez) Parties notified.(BelindaSaenz, 7)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
MCALLEN DIVISION

August 04, 2017
David J. Bradley, Clerk

MARCOS F. LOPEZ,

§
§
Plaintiff,
§
VS.
§ CIVIL ACTION NO. 7:17-CV-00090
§
PORTFOLIO RECOVERY ASSOCIATES, §
LLC,
§
§
Defendant.
§
ORDER ADOPTING REPORT & RECOMMENDATION
Pending before the Court is the Bankruptcy Court’s Report and Recommendation to deny
Portfolio Recovery Associates, LLC’s (“Defendant”) motion for withdrawal of reference. The
Report and Recommendation was issued on March 20, 2017, 1 and Defendant filed timely
objections on April 3, 2017.2 The Court has made a de novo determination of the issues
presented herein, including those portions of the report to which objections have been made.3
Having reviewed each objection, the Court finds that they are without merit. After considering
the record in this case, the parties’ filings, and the applicable law, the Court adopts the Report
and Recommendation in its entirety. Accordingly, Defendant’s motion for withdrawal of
reference is DENIED.
IT IS SO ORDERED.
DONE at McAllen, Texas, this 4th day of August, 2017.

___________________________________
Micaela Alvarez
United States District Judge

1

Dkt. No. 1.
Dkt. No. 6.
3
Executive Benefits Ins. Agency v. Arkison, 134 S. Ct. 2165, 2173 (2014) (“The bankruptcy court should hear the
proceeding and submit proposed findings of fact and conclusions of law to the district court for de novo review and
entry of judgment.”); 28 U.S.C.A. § 157(c)(1)( (West) (A bankruptcy judge may hear a proceeding that is not a core
proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall
submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be
entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after
reviewing de novo those matters to which any party has timely and specifically objected.”).
2

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