Legal Opinion

Johnston v. Telecheck Services, Inc. (In Re Johnston)

United States Bankruptcy Court, N.D. West Virginia

Decided March 2, 2007No. Bankruptcy No. 05-6288, Adversary No. 06-178PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Michelle Denise Johnston (the “Debtor”) filed this adversary proceeding against Te lecheck Services, Inc. (“Telecheck”), on September 13, 2006, seeking damages for violation of the automatic stay and discharge injunction of the Bankruptcy Code. In addition to the Bankruptcy Code’s causes of action, the Debtor asserts ancillary claims under West Virginia State law. More specifically, the Debtor alleges that Telecheck violated W. Va.Code § 46A-2-124(c), 1 by attempting to collect a debt using false accusations. The false accusation was that…

2Cases cited34 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Alexander v. SandovalSupreme Court of the United States · 2001
  3. Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
  4. Pennsylvania State Police v. SudersSupreme Court of the United States · 2004
  5. Crosby v. National Foreign Trade CouncilSupreme Court of the United States · 2000

29 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Mark Guthrie v. PHH Mortgage CorporationCourt of Appeals for the Fourth Circuit · 2023
  2. In re JosephUnited States Bankruptcy Court, E.D. Kentucky · 2018
  3. Lomax v. Bank of America, N.A.District Court, N.D. West Virginia · 2010
  4. Robb v. National Tree Co. (In Re Robb)United States Bankruptcy Court, N.D. West Virginia · 2008
  5. Flint v. West Virginia State Tax Department (In re Flint)United States Bankruptcy Court, N.D. West Virginia · 2016

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API