Legal Opinion
Conley v. Sears, Roebuck & Co.
District Court, D. Massachusetts
Decided May 1, 1998No. CIV. A. 97-11149-PBSPublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
SARIS, District Judge.
This petition for attorneys fees arises from the settlement of a nationwide class action against defendant Sears, Roebuck and Co. (“Sears”), challenging its practice of obtaining and collecting upon reaffirmation agreements which were not filed in Bankruptcy Court in violation of 11 U.S.C. § 524(c)(3).
The settlement results in monetary benefits of over $165 million — a recovery of 151 percent of class members’ out-of-pocket losses. This common fund is to be paid to approximately 190,000 debtors, each of whom will receive additional benefits such as a…
2Cases cited13 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219Court of Appeals for the Third Circuit · 1995
- Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher FarmsCourt of Appeals for the Ninth Circuit · 1990
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Bolin v. Sears, Roebuck & Co.Court of Appeals for the Fifth Circuit · 2000
- Noletto v. Nationsbanc Mortgage Corp. (In Re Noletto)United States Bankruptcy Court, S.D. Alabama · 2000
- In re Relafen Antitrust LitigationDistrict Court, D. Massachusetts · 2005
- Cano v. GMAC Mortgage Corp. (In Re Cano)United States Bankruptcy Court, S.D. Texas · 2009
- Williams v. Sears, Roebuck & Co. (In Re Williams)District Court, S.D. Georgia · 2000
10 more not listed; retrieve them via the Exa API.