Court Locations

Greenbelt
6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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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.

PDF File: 
Entered: 
2002-06-17
Case: 
00-57812
Judge: 
James F. Schneider