Legal Opinion
Bessette v. AVCO Financial Services Inc.
Court of Appeals for the First Circuit
Decided October 27, 2000No. 99-2291PublishedCited by 229 opinions
1Opinion of the Court
TORRUELLA, Chief Judge.
This appeal involves the wrongful, and supposedly common, practice by certain creditors of coercing naive and inexperienced debtors into reaffirming debt that has been properly discharged in bankruptcy. Such a practice contravenes one of the primary purposes of federal bankruptcy law, that is, to “give the debtor a ‘new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of pre-existing debt.’ ” Lines v. Frederick, 400 U.S. 18, 19, 91 S.Ct. 113, 27 L.Ed.2d 124 (1970) (quoting Local Loan Co. v. Hunt, 292 U.S. 234,…
2Cases cited52 opinions
- Sedima, S. P. R. L. v. Imrex Co.Supreme Court of the United States · 1985
- Cort v. AshSupreme Court of the United States · 1975
- Local Loan Co. v. HuntSupreme Court of the United States · 1934
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- John W. Dussouy, Jr. v. Gulf Coast Investment CorporationCourt of Appeals for the Fifth Circuit · 1981
47 more not listed; retrieve them via the Exa API.
3Cited by229 opinions
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- 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
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Barrington Cove Ltd. Partnership v. Rhode Island Housing & Mortgage Finance Corp.Court of Appeals for the First Circuit · 2001
- Jamo v. Katahdin Federal Credit UnionCourt of Appeals for the First Circuit · 2002
224 more not listed; retrieve them via the Exa API.