Legal Opinion
Santangelo v. Fairbanks Capital Corp. (In Re Santangelo)
United States Bankruptcy Court, M.D. Florida
Decided March 22, 2005No. Bankruptcy No. 03-04444-6J3, Bankruptcy No. 97-3869-6J3, Adversary No. 03-409, Adversary No. 04-13PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION GRANTING DEFENDANT’S MOTIONS TO DISMISS OR ABATE
KAREN S. JENNEMANN, Bankruptcy Judge.
The debtors are members of a class action lawsuit brought against their mortgage lender, Fairbanks Capital Corporation. The lawsuit settled, and an order was entered barring all class members from any further litigation of the settled claims. The debtors now seek to pursue the settled claims in these two adversary proceedings. Fairbanks contends, in its Motions to Dismiss or Abate (the “Motions”) (Adv. Pro. No. 03^109, Doc. No. 12; 1 Adv. Pro. No. 04-13, Doc. No. 13) that the debtors are…
2Cases cited16 opinions
- Albany Partners, Ltd. v. Westbrook (In Re Albany Partners, Ltd.)Court of Appeals for the Eleventh Circuit · 1984
- Parker v. Wendy's International, Inc.Court of Appeals for the Eleventh Circuit · 2004
- Barger v. City of Cartersville, GACourt of Appeals for the Eleventh Circuit · 2003
- Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
- Allie v. IonataSupreme Court of Florida · 1987
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3Cited by3 opinions
- In Re LaPlanaUnited States Bankruptcy Court, M.D. Florida · 2007
- M.D. Kenneth A. Thomas v. Blue Cross & Blue ShieldCourt of Appeals for the Eleventh Circuit · 2009
- Blue Cross & Blue Shield v. Jemsek Clinic, P.A. (In Re Jemsek Clinic, P.A.)United States Bankruptcy Court, W.D. North Carolina · 2010