Search Opinion

In re Pearce

Debtor filed a petition under chapter 13 of the Bankruptcy Code and objected to four claims that were filed against her bankruptcy estate. The court sustained the debtor's objection to three of the four claims and took under advisement the question of whether one of the creditors should be sanctioned for filing its proof of claim.
Ruling: 
Court declined to sanction creditor that purchased claims from original creditor for filing proofs of claim.
ABI Membership is required to access the full summary of In re Pearce. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 01,2008, LexisNexis #0109-098

Cadle Co. v. Pratt (In re Pratt)

The matter was remanded to the court from the U.S. District Court for the Northern District of Texas. The district court had affirmed the denial of a motion for sanctions filed by plaintiff company against defendant debtor, but reversed the court's decision to award attorney's fees and costs to the debtor's attorney. The matter was remanded so the court could determine whether an attorney fee award to the debtor's counsel was warranted.
Ruling: 
Debtor's counsel awarded fees in costs for successful defense of motion for sanctions.
ABI Membership is required to access the full summary of Cadle Co. v. Pratt (In re Pratt). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on July 30,2008, LexisNexis #0908-035