Crippen v. Stites (In Re Crippen)
United States Bankruptcy Court, E.D. Pennsylvania
1Opinion of the Court
Opinion
STEPHEN RASLAVICH, Bankruptcy Judge.
Introduction
Defendant Elliot Greenleaf & Siedzikow-ski, P.C. (Elliot) has filed a Motion to Dismiss Count III of the Debtor’s Complaint and a Motion for Sanctions against the Plaintiff and his counsel under Bankruptcy Rule 9011. The Plaintiff has filed a Response to the motions. 1 Hearings were held on the Motions on June 6 and 20, 2006. For the reasons set forth below, the Motions will be denied. 2
The Pleading
Count III of the Complaint is directed solely at Elliot. That count alleges a violation of the Fair Debt Collection Practices Act (FDCPA), 15…
2Cases cited26 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Cruz v. BetoSupreme Court of the United States · 1972
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3Cited by4 opinions
- Schuh v. Druckman & Sinel, LLPDistrict Court, S.D. New York · 2009
- Theokary v. AbbatielloUnited States Bankruptcy Court, E.D. Pennsylvania · 2012
- Jean v. US Bank National AssociationDistrict Court, District of Columbia · 2008
- In Re DelCorsoUnited States Bankruptcy Court, E.D. Pennsylvania · 2007