- FRBP
McDermott v. FIA Card Servs. (In re McDermott)
Nov
08
2010
Ruling
Creditor's filing of nondischargeability proceeding without intention of going to trial was not actionable.
Procedural posture
Defendants, a creditor, its counsel, and counsel's law firm, moved to dismiss plaintiff debtor's adversary proceeding, which sought damages, costs, and attorneys' fees for harm the debtor alleged he suffered as a result of defendants' commencement of a nondischargeability action without any intention to prosecute that action. Defendants also moved for an award of sanctions and costs in an unspecified amount pursuant to Fed. R. Bankr. P. 9011.
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Court
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