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IN RE SIMS

Bankruptcy Nos. 00-20967, 97-21272, 99-22276, 00-21323. Adversary No. 00-2048.

278 B.R. 457 (2002)

In re Billy Joe SIMS, Debtor. In re Louis Salamina and Nancy Salamina, Debtors. In re Johnny Kern and Vickie Louise Kern, Debtors. In re Debra Lynn Klimczak, Debtor. Gwendolyn M. Kerney, chapter 13 trustee, in her official capacity as trustee in chapter 13 proceedings and on behalf of those similarly situated; Billy Joe Sims; Louis and Nancy Salamina; Johnny and Vickie Louise Kern; and Debra Lynn Klimczak, as debtors in chapter 13 proceedings on their own behalf and on behalf of a class of similarly situated debtors, Plaintiffs, v. Capital One Financial Corporation, Defendant.

United States Bankruptcy Court, E.D. Tennessee.

May 8, 2002.

Attorney(s) appearing for the Case

Richard L. Banks, Richard L. Banks & Associates, Cleveland, TN, Timothy E. Eble, Timothy E. Eble, P.A., Mount Pleasant, SC, S.C. Middlebrooks, Kimberly J. Calametti, Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, Mobile, AL, Sam Heldman, Hilary Ball, Gardner, Middlebrooks, Fleming, Gibbons & Kittrell, Washington, DC, for Plaintiffs.

Melinda Meador, Bass, Berry & Sims PLC, Knoxville, TN, Paul G. Jennings, Beth A. Dunning, Bass, Berry & Sims PLC, Nashville, TN, Adam A. Lewis, Morrison & Foerster LLP, San Francisco, CA, for Defendant.

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

In this adversary proceeding, the plaintiffs seek individual and class wide relief based on Capital One Financial Corporation's alleged practice of "willfully and systematically filing claims in excess of the amount to which it is entitled in Chapter 13 proceedings." Presently before the court is Capital One's motion to dismiss for failure to state a claim...

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