- FRBP
Barnhart v. Union Bank Inc. (In re Barnhart)
Feb
26
2010
Ruling
Debtor's complaint for damages due to creditor's filing of proof of claim that revealed personal data dismissed.
Procedural posture
Debtors' complaint alleged that defendant creditor electronically filed a proof of claim in their chapter 7 bankruptcy case, which revealed personal identification data. Based on the creditor's filing of its unredacted proof of claim, debtors sought to recover tort damages, disallowance of the proof of claim, and contempt damages. The creditor moved to dismiss the complaint for failure to state a claim.
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Court
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