Legal Opinion
Sears, Roebuck and Co. v. Bonnie Patricia O'brien, Sears, Roebuck and Co. v. Lois M. Siverly
Court of Appeals for the Eighth Circuit
Decided May 13, 1999No. 98-2231, 98-2407PublishedCited by 30 opinions
1Opinion of the CourtKopf, J.
Sears, Roebuck and Co., (Sears) appeals from two decisions of the district court 2 separately affirming two decisions of the bankruptcy court. The appeals have been consolidated. We affirm.
These cases raise one primary issue. Does federal bankruptcy law preempt an Iowa law that prohibits a creditor from sending a collection letter to a debtor who is represented by a lawyer, when that creditor knows that the debtor is represented by counsel? The district court found that the state law was not preempted, and that Sears violated the law by sending such a letter to both debtors. On this point, we…
2Cases cited11 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- CSX Transportation, Inc. v. EasterwoodSupreme Court of the United States · 1993
- Freightliner Corp. v. MyrickSupreme Court of the United States · 1995
- 18 Collier bankr.cas.2d 717, Bankr. L. Rep. P 72,183 in Re Titan Energy, Inc. National Union Fire Insurance Company of Pittsburgh, Pa. v. Titan Energy, Inc.Court of Appeals for the Eighth Circuit · 1988
- National Bank of Commerce v. Dow Chemical Co.Court of Appeals for the Eighth Circuit · 1999
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- Stone Crushed Partnership v. Kassab Archbold Jackson & O'BrienSupreme Court of Pennsylvania · 2006
- In Re NationUnited States Bankruptcy Court, S.D. New York · 1999
- Olsen v. Reuter (In re Reuter)United States Bankruptcy Court, W.D. Missouri · 2013
- Mullin v. OrthweinDistrict Court of Appeal of Florida · 2000
25 more not listed; retrieve them via the Exa API.