Legal Opinion

David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit Company

Court of Appeals for the Sixth Circuit

Decided November 22, 2000No. 99-1132PublishedCited by 225 opinions

1Opinion of the Court

OPINION

DAVID A. NELSON, Circuit Judge.

After declaring bankruptcy, the plaintiffs brought the present action against a secured creditor that had solicited a “reaffirmation agreement” from them while the bankruptcy proceedings were pending. The plaintiffs signed the agreement and continued to remit regular monthly payments to the defendant. The gravamen of the plaintiffs’ complaint was that the defendant violated the automatic stay provision codified in 11 U.S.C. § 362, as well as violating 11 U.S.C. § 524, a section of the bankruptcy code that governs the validity of reaffirmation agreements.

Th…

2Cases cited27 opinions

  1. Cort v. AshSupreme Court of the United States · 1975
  2. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  3. Randy BIBBO, Plaintiff-Appellant, v. DEAN WITTER REYNOLDS, INC., Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  4. Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
  5. United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986

22 more not listed; retrieve them via the Exa API.

3Cited by225 opinions

  1. Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
  2. Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
  3. Ralph M. Cox, on Behalf of Himself and Others Similarly Situated v. Zale Delaware, Inc.Court of Appeals for the Seventh Circuit · 2001
  4. In Re: Stanley Lowenbraun, Debtor. Ethel Lowenbraun v. Thomas L. Canary, Jr. And Mapother & Mapother, PscCourt of Appeals for the Sixth Circuit · 2006
  5. Alderwoods Group, Inc. v. Reyvis GarciaCourt of Appeals for the Eleventh Circuit · 2012

220 more not listed; retrieve them via the Exa API.

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