Legal Opinion
Kerney v. Capital One Financial Corp. (In Re Sims)
United States Bankruptcy Court, E.D. Tennessee
Decided May 8, 2002No. Bankruptcy Nos. 00-20967, 97-21272, 99-22276, 00-21323. Adversary No. 00-2048PublishedCited by 48 opinions
1Opinion of the Court
MEMORANDUM
MARCIA PHILLIPS PARSONS, Bankruptcy Judge.
In this adversary proceeding, the plaintiffs seek individual and class wide relief based on Capital One Financial Corporation’s alleged practice of “willfully and systematically filing claims in excess of the amount to which it is entitled in Chapter 13 proceedings.” Presently before the court is Capital One’s motion to dismiss for failure to state a claim as a matter of law. For the reasons discussed below, the motion will be granted in part and denied in part. This is a core proceeding. See 28 U.S.C. § 157(b)(2)(A),(B),(C),(E) and (0).
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2Cases cited83 opinions
- Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
- Cort v. AshSupreme Court of the United States · 1975
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Middlesex County Sewerage Authority v. National Sea Clammers Assn.Supreme Court of the United States · 1981
- Degen v. United StatesSupreme Court of the United States · 1996
78 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Mann v. Chase Manhattan Mortgage Corp.Court of Appeals for the First Circuit · 2003
- Bailey v. Suhar (In Re Bailey)Bankruptcy Appellate Panel of the Sixth Circuit · 2008
- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- Redmond v. Fifth Third BankCourt of Appeals for the Seventh Circuit · 2010
- Cano v. GMAC Mortgage Corp. (In Re Cano)United States Bankruptcy Court, S.D. Texas · 2009
43 more not listed; retrieve them via the Exa API.