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SEARS, ROEBUCK & CO. v. O'BRIEN

Nos. 98-2231, 98-2407.

178 F.3d 962 (1999)

SEARS, ROEBUCK AND CO., Plaintiff-Appellant, v. Bonnie Patricia O'BRIEN, Defendant-Appellee. Sears, Roebuck and Co., Plaintiff-Appellant, v. Lois M. Siverly, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 13, 1999.

Rehearing Denied July 20, 1999.

Attorney(s) appearing for the Case

David A. Hirsch of Burlington, IA and Sara E. Elder of Chicago, IL, for appellant.

Steven R. Hahn of Burlington, IA, for appellee.

BEFORE: BEAM and HANSEN, Circuit Judges, and KOPF, District Judge.

KOPF, J.

Sears, Roebuck and Co., (Sears) appeals from two decisions of the district court2 separately affirming two decisions of the bankruptcy court. The appeals have been consolidated. We affirm.

These cases raise one primary issue. Does federal bankruptcy law preempt an Iowa law that prohibits a creditor from sending a collection letter to a debtor who is represented by a lawyer, when that creditor knows that the debtor is represented...

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