Stansberry v. Professional Recovery Consultants, Inc.
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that an evidentiary hearing on plaintiff's motion to enforce settlement 8 is set for Thursday, January 31, 2013 at 2:00 p.m. in Courtroom 14-South. (Evidentiary Hearing set for 1/31/2013 02:00 PM in Courtroom 14S before District Judge Catherine D. Perry.) Signed by District Judge Catherine D. Perry on January 15, 2013. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
Case No. 4:12-CV-1648 CDP
MEMORANDUM AND ORDER
On November 7, 2012, plaintiff moved to enforce settlement in this action,
which she brought under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692
et seq. Defendant opposed the motion in part because plaintiff had filed for
Chapter 7 bankruptcy. Defendant argued plaintiff’s filing for bankruptcy had
deprived her of standing to prosecute her FDCPA claim. I agreed, and I ordered
plaintiff to file documentation demonstrating that the trustee of her bankruptcy
estate had abandoned this cause of action to her, or had otherwise authorized her to
prosecute this case.
Plaintiff has now complied with that order. According to the notice she filed
January 11, the trustee has abandoned this cause of action. (See Pl.’s Exs. 1–2.)
Under 11 U.S.C. § 554, plaintiff has now regained standing to prosecute her
FDCPA claim. See In re White, 260 B.R. 870, 883 n.13 (B.A.P. 8th Cir.). As
such, I will schedule an evidentiary hearing on plaintiff’s motion to enforce
settlement, which has been fully briefed.
IT IS HEREBY ORDERED that an evidentiary hearing on plaintiff’s
motion to enforce settlement [#8] is set for Thursday, January 31, 2013 at 2:00
p.m. in Courtroom 14-South.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 15th day of January, 2013.
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