Legal Opinion
Singleton v. Wells Fargo Bank, N.A. (In Re Singleton)
United States Bankruptcy Court, D. Rhode Island
Decided November 13, 2001No. Bankruptcy No. 95-11298. Adversary No. 00-1026PublishedCited by 10 opinions
1Opinion of the Court
DECISION AND ORDER
ARTHUR N. VOTOLATO, Bankruptcy Judge.
Before the Court is the Motion of the Defendant, Wells Fargo Bank, N.A. (“the Bank”), to Dismiss this Adversary Proceeding. The Bank moves for dismissal of Counts I and III, which allege violations of the discharge injunction, 11 U.S.C. § 524, on the ground that no private right of action exists for such conduct, and that Count II alleging a § 362 violation is defective in that the Plaintiff fails to plead the prima facie elements of a stay violation. The parties also disagree as to the appropriate choice of law, given the geographical…
2Cases cited44 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- McComb v. Jacksonville Paper Co.Supreme Court of the United States · 1949
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In Re KOREAN AIR LINES DISASTER OF SEPTEMBER 1, 1983. Appeal of Plaintiffs Steering CommitteeCourt of Appeals for the D.C. Circuit · 1987
39 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Padilla v. GMAC Mortgage Corp. (In Re Padilla)United States Bankruptcy Court, E.D. Pennsylvania · 2008
- In Re SchlichtmannUnited States Bankruptcy Court, D. Massachusetts · 2007
- Lohmeyer v. Alvin's Jewelers (In Re Lohmeyer)United States Bankruptcy Court, N.D. Ohio · 2007
- Cadle Co. ex rel. D.A.N. Joint Venture, L.P. v. Andersen (Andersen)Bankruptcy Appellate Panel of the First Circuit · 2012
- SG & CO. NORTHEAST, LLC v. GoodUnited States Bankruptcy Court, N.D. Illinois · 2011
5 more not listed; retrieve them via the Exa API.