- 11 U.S.C.
Whitney Natl Bank v. Todd (In re Phillips)
Aug
28
2009
Ruling
Debtors lacked standing to pursue counterclaim against creditor for wrongful arrest and incarceration.
Procedural posture
Plaintiff bank filed an adversary proceeding against defendant chapter 7 debtors, seeking a determination that a judgment it obtained against the debtors was nondischargeable. The debtors filed an answer and a counterclaim which alleged, inter alia, that the bank used its position in the community to compel the debtors' wrongful arrest and incarceration. The bank filed a motion for summary judgment on the debtors' counterclaim.
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Court
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