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In paired cases, Erica Horne brought pro se actions against Credit Acceptance Corp., Experian, Equifax and Transunion under the Fair Credit Reporting Act, which, as the magistrate held, "in its entirety contain[ed] the following factual allegation:"
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The bankruptcy court found that the lack of financial distress does not deprive it of subject matter jurisdiction.
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The Chapter 11 debtor, through its manager, Smith, brought several actions against insiders and "persons closely allied with those insiders" for recovery of prepetition transfers. During discovery against O'Haro, which was "plagued by unsubstantiated 'narrative' defenses", over the course of the case Smith filed two Motions to Compel against O'Haro. During her first deposition, O'Haro invoked her Fifth Amendmnet right against self-incrimination, as a criminal investigation related to this business was underway.
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The bankruptcy court denied a motion to dismiss two chapter 11 cases, which had employed the infamous 'Texas Two Step" to address (avoid? skirt?) liability for asbestos mass torts claims, holding that :
Abstract
Title 11 of the United States Code (the “Bankruptcy Code”) provides a fresh start to the “honest but unfortunate debtor.” Chapter 7 therefore permits a debtor to “discharge their outstanding debts in exchange for liquidating their nonexempt assets and distributing them to their creditors.” Dismissals in chapter 7 are governed by section 707 of the Bankruptcy Code. Section 707(a) governs all chapters of bankruptcy filings and applies when adequate “cause” is shown.
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