U.S. Bank v. Barbour

WIGGINS, Justice.

A bank filed a petition to recover a debt alleging a credit card holder defaulted on her credit card account. In the course of the proceedings, the debtor filed a prean-swer motion to recast, which the court granted. The bank did not recast its petition. As a sanction for its failure to recast, the court dismissed the petition. Because the district court erred when it entered its order requiring the bank to recast the petition, we reverse the decision of the district court and remand for further proceedings.

I. Background Facts and Proceedings.

Alisa R. Barbour and U.S. Bank…