Legal Opinion

Ruth v. LVNV Funding, Inc. (In re Ruth)

United States Bankruptcy Court, S.D. Texas

Decided April 26, 2012No. Bankruptcy No. 09-30563-H4-13; Adversary No. 10-03520PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION ON PLAINTIFFS’ AMENDED COMPLAINT

[Adv. Doc. No. 2]

JEFF BOHM, Bankruptcy Judge.

I. Introduction

In the suit at bar, the Chapter 13 Debtors, Charles J. Ruth, III and Jennifer L. Ruth (the Plaintiffs) request this Court to disallow the proof of claim, specifically Claim No. 10, filed by Resurgent Capital Services and LVNV Funding, Inc. (the Defendants) and request affirmative relief in the form of sanctions for abuse of the proof of claim process and a damages award for vexatious litigation against the Defendants. [Adv. Doc. No. 2], For the reasons set forth herein, all relief…

2Cases cited20 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Stern v. MarshallSupreme Court of the United States · 2011
  5. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999

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3Cited by1 opinion

  1. Porter Development Partners, LLC and PPP Management, LLCUnited States Bankruptcy Court, S.D. Texas · 2023

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