Legal Opinion · Concurring in part, dissenting in part
Oteria Moses v. Cashcall, Inc.
Court of Appeals for the Fourth Circuit
Decided March 16, 2015No. 14-1195Published
1Concurring in part, dissenting in partDavis, Senior Circuit Judge
The district court allowed a bankruptcy court to protect its jurisdiction over a state law claim by refusing to acknowledge that a proof of claim in the bankruptcy case had become moot by virtue of its abandonment and withdrawal by the creditor. I am constrained to reject this jurisdictional sleight of hand.
Appellee Oteria Moses, faced with severe financial difficulties, obtained from Western Sky Financial, LLC (“Western Sky”) a $1,500 loan; Appellant, CashCall, Inc. (“CashCall”) is Western Sky’s successor-in-interest. Upon Moses’s filing of a bankruptcy petition, CashCall filed a proof of…
2Cases cited28 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
- Koon v. United StatesSupreme Court of the United States · 1996
- Dean Witter Reynolds Inc. v. ByrdSupreme Court of the United States · 1985
- Shearson/American Express Inc. v. McMahonSupreme Court of the United States · 1987
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