2014 Judge Ferguson - Opinions

Judge Kathryn C. Ferguson -- Opinions signed in 2014

 

Lynne M. Guenot vs. Candica LLC and Winstein & Rilet PS Adversary No. 12-1748, Case No. 11-37501, 1/2/2014

Creditor filed a proof of claim on a debt that had been discharged in a prior Chapter 7 case.  On summary judgment, the court found that the objection to the proof of claim based on the Fair Debtor Collection Practices Act and various state law consumer protection laws was preempted by the Bankruptcy Code.  The court also found that the objection to the proof of claim based on violation of the discharge injunction was not sustainable based on a lack of damages.
 


 

 

Catherine Trembley (12-23578) David A. Ganz vs. Catherine Trembley (12-1847), Case No. 12-23578, 3/10/2014

Opinion resolving a 523(a)(2)(B) complaint.