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· 6/1/1999

Knox v. Sunstar Acceptance Corp. (In Re Knox)

Citations

  • 237 B.R. 687
  • 1999 Bankr. LEXIS 769
  • 34 Bankr. Ct. Dec. (CRR) 554
  • 1999 WL 615597

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that because “the claim under the Illinois Consumer Fraud Act seek[s] remedies for violations of the Bankruptcy Code for which the Code itself and Rules provide other remedies, ... [the claim is] preempted by the Bankruptcy Code”
  • applying four-part Cort test to determine there is no implied private right of action under § 105
  • “Without the Bankruptcy Code’s requirement that [the defendant] SAC submit proofs of claim ... Knox would have no factual basis on which to bring an action for deceptive conduct under the Illinois consumer fraud statute.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jack B. Schmetterer

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.