Title | Creditrust Corporation |
Judge |
James F. Schneider
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Entered |
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Case Number |
00-57812
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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. |
Document(s) |
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