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IN RE CARROLL

Bankruptcy No. 07-363. Adversary No. 07-110.

400 B.R. 497 (2008)

In re Richard CARROLL, Jr., and Linda L. Carroll, Debtors. Richard Carroll, Jr., and Helen M. Morris, Trustee, Plaintiffs, v. Fia Card Services, and Creditors Interchange Receivable Management, LLC, Defendants.

United States Bankruptcy Court, N.D. West Virginia.

December 22, 2008.

Attorney(s) appearing for the Case

Thomas E. McIntire, Thomas E. McIntire & Associates, L.C., Wheeling, WV, for Debtors/Plaintiffs.

Nicole L. Janes, William T. Holmes, Spilman Thomas & Battle, Morgantown, WV, Daniel T. Booth, Booth & McCarthy, Bridgeport, WV, for Defendants.

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Richard Carroll, Jr. (the "Debtor"), and Helen M. Morris, the Debtor's Chapter 13 trustee (the "Trustee"), seek to recover damages against FIA Card Services ("FIA") and its debt collector, Creditors Interchange Receivable Management, LLC ("CRIM"), for engaging in alleged illegal debt collection practices.

CRIM seeks to dismiss the adversary...

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