Legal Opinion
Reyes v. FCC National Bank (In Re Reyes)
United States Bankruptcy Court, D. Rhode Island
Decided July 13, 1999No. Bankruptcy No. 96-10402. Adversary No. 98-1064PublishedCited by 12 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
The Defendant, FCC National Bank (“FCC”), moves to dismiss the captioned Adversary Proceeding, arguing that Counts I and II, alleging violations of the discharge injunction, 11 U.S.C. § 524(a), should be dismissed on the ground that no private right of action was created in the enactment of that Section; and that Count III, which alleges a state law cause of action that FCC was unjustly enriched, is pre-empted by the Bankruptcy Code. Upon consideration, Counts I and II are DISMISSED for the reasons argued by FCC, and for reasons of our…
2Cases cited49 opinions
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- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
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3Cited by12 opinions
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Bassett v. American General Finance, Inc. (In Re Bassett)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Singleton v. Wells Fargo Bank, N.A. (In Re Singleton)United States Bankruptcy Court, D. Rhode Island · 2001
- Taylor v. United States, Department of Education (In Re Taylor)District Court, N.D. Alabama · 2001
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