Humes v. LVNV Funding LLC et al

Filing 3

JUDGMENT pursuant to 2 Order it is considered, ordered, and adjudged that Hosto, Buchan, Prater, & Lawrence violated 15 U.S.C. § 1692e or, alternatively, 15 U.S.C. § 1692f of the Fair Debt Collection Practices Act and is liable for  6;10,000 in actual damages, $1,000 in statutory damages, costs, and attorney's fees with respect to Plaintiff Shawn Michael Humes's non-core claims. Defendant LVNV Funding breached a modified contract with Humes. Hosto committed the to rts of fraud and misrepresentation. However, Humes is not entitled to additional damages based on these claims. Humes's remaining claims fail as a matter of law or are not supported by evidence. Humes's counsel will have fourteen days from the date of this Judgment to submit an application to the Bankruptcy Court, itemizing Humes's costs and attorney's fees. The Bankruptcy Court will then submit its review as a proposal to this Court to be added to the final Judgment, if accepted. Signed by Judge Susan Webber Wright on 8/7/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
IN RE: SHAWN MICHAEL HUMES
and SHIRLEY JEAN HUMES,
Debtors,
SHAWN MICHAEL HUMES,
Plaintiff,
vs.

LVNV FUNDING, L.L.C. and
HOSTO, BUCHAN, PRATER &
LAWRENCE, P.L.L.C.,
Defendants.

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No. 3:13-cv-00179-SWW
(No. 3:10-bk-12140 E)
(No. 3-11-ap-01016)

JUDGMENT
Pursuant to the Order that was entered in this matter on this date, it is Considered,
Ordered, and Adjudged as follows with respect to Shawn Michael Humes’s non-core
claims:
(i) Hosto, Buchan, Prater & Lawrence, P.L.L.C. (Hosto) violated 15 U.S.C.
§ 1692e or, alternatively, 15 U.S.C. § 1692f of the Fair Debt Collection
Practices Act and is liable for $10,000 in actual damages, $1,000 in
statutory damages, costs, and attorney‘s fees.
(ii) LVNV Funding, L.L.C., through Hosto, its agent, breached a modified
contract with Humes. Hosto committed the torts of fraud and
misrepresentation. However, Humes is not entitled to additional damages
based on these claims.
(iii) Humes‘s remaining non-core claims fail as a matter of law or are not
supported by the evidence.

It is further Considered, Ordered, and Adjudged that Humes’s counsel will have
fourteen (14) days from the date of entry of this Judgment in which to submit an
application to the Bankruptcy Court, itemizing Humes’s costs and attorney‘s fees. The
Bankruptcy Court will then review the application and submit its review as a proposal to
this Court to be added to the final Judgment, if accepted.
IT IS SO ORDERED this 7th day of August 2013.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

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