Legal Opinion
Allen v. Capital One Bank (USA)
United States Bankruptcy Court, D. New Mexico
Decided July 10, 2020No. 19-01065Unknown
1Opinion
UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW MEXICO In re: PAUL E. ALLEN and KELLI D. ALLEN, Case no. 19-11843-ta7 Debtors. PAUL E. ALLEN and KELLI D. ALLEN, Plaintiffs, v. Adv. no. 19-1065-t CAPITAL ONE BANK, Defendant. OPINION Shortly after filing bankruptcy, Debtors sued Capital One Bank, seeking the return of Mr. Allen’s garnished wages under an avoidable preference theory. The wages were returned to Mr. Allen two weeks later. Debtors then amended their complaint, not only reasserting the preference claim, which by then was moot, but also alleging that Capital One had willfully violated…
2Cases cited21 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Scott v. HarrisSupreme Court of the United States · 2007
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- Bird v. West Valley CityCourt of Appeals for the Tenth Circuit · 2016
- Jensen v. Redevelopment Agency of Sandy CityCourt of Appeals for the Tenth Circuit · 1993
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