Rosenberg v. DVI Receivables XIV LLC (In re Rosenberg)
Mar
23
2012
Ruling
Involuntary debtor's state law claims against petitioning creditors were preempted by § 303(i).
Procedural posture
Plaintiff putative chapter 7 debtor filed a complaint against defendants, petitioning creditors and banks, for attorney's fees, costs, and damages pursuant to 11 U.S.C.S. §§ 303(i) and 105. In addition, he sought to recover damages based on state law claims of abuse of process and malicious prosecution and state law theories of recovery such as respondeat superior. The petitioning creditors and banks moved to dismiss the complaint.
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Court
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