Legal Opinion
Smith v. Fairbanks Capital Corp. (In Re Smith)
United States Bankruptcy Court, S.D. Georgia
Decided August 15, 2003No. 18-11833PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
JAMES D. WALKER, Jr., Bankruptcy Judge.
This matter comes before the Court on Fairbanks Capital Corporation’s motion to dismiss Debtor Donald E. Smith’s class action complaint, which alleges improper assessment and collection of attorney fees by Fairbanks. This is a core matter within the meaning of 28 U.S.C. § 157(b)(2)(B) and (0). After considering the pleadings, the evidence, and the applicable authorities, the Court enters the following findings of fact and conclusions of law in conformance with Federal Rule of Bankruptcy Procedure 7052.
Findings of Fact
Debtor, Donald E.…
2Cases cited19 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Eugene Telfair v. First Union Mortgage CorporationCourt of Appeals for the First Circuit · 2000
- Armstrong v. Martin Marietta Corp.Court of Appeals for the Eleventh Circuit · 1998
- IN Re: Carmen Bateman, Debtor, --- Universal American Mortgage Company v. Carmen BatemanCourt of Appeals for the Eleventh Circuit · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bucchino v. Wells Fargo Bank, N.A. (In Re Bucchino)United States Bankruptcy Court, D. New Mexico · 2010
- Americredit Financial Services v. Durham (In Re Durham)United States Bankruptcy Court, M.D. Georgia · 2005
- Guetling v. Household Financial Services, Inc.District Court, M.D. Florida · 2004
- United States v. LaneUnited States Air Force Court of Criminal Appeals · 2004
- Dragon v. Quicken Loans, Inc.District Court, S.D. Georgia · 2010
2 more not listed; retrieve them via the Exa API.