Williams, et al v. King, No. 12-6014 (8th Cir. 2012)
Annotate this CaseFrank Williams and Stephen Sherman Wyse appealed from a bankruptcy court order granting in part and denying in part Wyse's Motion to Reconsider Order of the Court Granting in part the Motion for Sanctions. The bankruptcy court ruled that Williams had to dismiss count I of a state court complaint within 15 days of the order but could continue to pursue counts II and III. The order reaffirmed an award of attorney fees to be paid by Wyse to debtor. The court affirmed the judgment, holding that King's pre-conversion debt was discharged.
Court Description: Bankruptcy Appellate Panel. Bankruptcy court order requiring creditor Williams to dismiss a portion of a state court action to collect a debt is affirmed as the court properly found that the count covered a discharged pre-conversion debt; order requiring creditor's attorney to pay debtor $1,500 in attorneys' fees is affirmed. [ October 05, 2012
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