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Reed v. Aid Assocs. Inc.

Dec
07
2007
Ruling
Contract under which sole remaining performance required was payment was not executory and did not need to be assumed or rejected.
Procedural posture

Plaintiff debtors sued defendants, a retail installment contract assignee and a debt collector, alleging that the assignee defamed them and that the collector violated the Federal Debt Collection Practices Act ("FDCPA") when attempting to collect the amount owed on the contract. The assignee filed a motion seeking to stay the proceedings and to compel arbitration with regard to the state law defamation claim asserted against it by the debtors.

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Consumer opinion summary, case decided on December 07, 2007 , LexisNexis #0108-060
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Gargula v. Thompson (In re Thompson)

Dec
04
2006
Ruling
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
Procedural posture

The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.

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opinion summary, case decided on December 04, 2006 , LexisNexis #0307-106
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