Title Creditrust Corporation
Judge
James F. Schneider
Entered
Case Number
00-57812
Summary

The claimant, Tom D. Kelsey, sued Creditrust and Key Bank for breach of contract, violation of the Fair Debt Collections Practices Act (FDCPA) and defamation of credit. Kelsey filed a proof of claim against the debtor based upon the grounds set forth in the lawsuit and the debtor objected to the claim. Debtor’s objection to the claim was sustained. HELD:1) objections to claims are core proceedings over which the bankruptcy court has jurisdiction, even where the claim is based upon the FDCPA; 2) the FDCPA applies to consumer debt, not business debt; 3) there was insufficient evidence of injury to the claimant; and 4) any communications by the creditor to various credit bureaus were made in good faith.

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