Watson v. Stonewall Jackson Meml Hosp. Co. (In re Watson)
Nov
01
2010
Ruling
Debtor could maintain proceeding against creditor for filing false or fraudulent proof of claim.
Procedural posture
Plaintiff Chapter 7 debtor filed a complaint for contempt under 11 U.S.C.S. § 105 against defendants, a creditor and its attorney (collectively, the creditor), due to the creditor's filing of an allegedly false or fraudulent proof of claim. The creditor moved to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6).
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Court
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