(DOWNLOAD) "Unifund Ccr Partners v. Villa" by In the Supreme Court of Appeals of West Virginia January 2009 Term * eBook PDF Kindle ePub Free
eBook details
- Title: Unifund Ccr Partners v. Villa
- Author : In the Supreme Court of Appeals of West Virginia January 2009 Term
- Release Date : January 23, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Unifund CCR Partners (Unifund) purchased a credit card debt Javier Villa owed to Bank One. Villa later filed for bankruptcy, and his debts were discharged. In his bankruptcy filing, Villa listed Bank One, not Unifund, as creditor on the credit card debt. After Villas bankruptcy, Unifund sued Villa on the debt. Villa answered, asserted his discharge in bankruptcy, and filed a motion for sanctions. Unifund responded by filing a notice of dismissal, and the trial court dismissed the suit with prejudice. Several months later the court assessed sanctions against Unifund pursuant to chapter 10 of the Texas Civil Practice and Remedies Code. The court of appeals affirmed. 273 S.W.3d 385. We hold that the trial court abused its discretion in assessing sanctions against Unifund because there was no evidence to support the findings underlying the sanctions.