- 11 U.S.C.
Kuehn v. Cadle Co.
Mar
15
2007
Ruling
Debtor sufficiently described fair debt collection action in schedules so that misidentification of defendant did not proper investigation by trustee and could continue with lawsuit.
Procedural posture
Plaintiff consumer filed a Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq., complaint against defendant holding company, then amended the complaint to dismiss the company and name defendant affiliate debt collection firm. The firm filed motions to dismiss as to both complaints, arguing the consumer failed to properly list the lawsuit on her bankruptcy schedules, thus divesting her of standing and the court of jurisdiction.
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Court
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