- 11 U.S.C.
Poteet v. eCAST Settlement Corp. (In re Poteet)
Aug
17
2011
Ruling
Filing of proof of claim omitting supporting documentation did not violate stay.
Procedural posture
Defendant creditor filed a motion to dismiss plaintiff debtors' complaint, which alleged a gross violation of the automatic stay, 11 U.S.C.S. § 362, that defective proofs of claim filed by the creditor gave rise to a right to monetary damages and legal fees under Fed. R. Bankr. P. 3001(c), that the creditor violated the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.S. §§ 1692-1692p.
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Court
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