REIN v. PROVIDIAN FINANCIAL CORP.

No. 99-16346.

252 F.3d 1095 (2001)

Carole M. REIN; Paul M. Driscoll; William F. Croce; Tina W. Croce; and Paul Frenette, Plaintiffs-Appellants, v. PROVIDIAN FINANCIAL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2001.


Attorney(s) appearing for the Case

Paul W. Mollica and Michael M. Mulder of Meites, Mulder, Burger & Mollica, Chicago, Illinois, and Jordan M. Lewis of Siegel, Brill, Greupner, Duffy & Foster, P.A., Minneapolis, Minnesota, for the plaintiffs-appellants.

Peter S. Hecker and Daniel K. Slaughter of Heller, Ehrman, White & McAuliffe, San Francisco, California, and Gary S. Caplan, Marc Kieselstein, and David E. Lieberman of Sachnoff & Weaver, Ltd., Chicago, Illinois, for the defendant-appellee.

Before: DIARMUID F. O'SCANNLAIN and WILLIAM A. FLETCHER, Circuit Judges, and ROBERT J. KELLEHER, District Judge.


KELLEHER, Senior District Judge:

We have before us the question of whether the district court erred in dismissing appellant-debtors' complaint under Federal Rule of Civil Procedure 12(b)(6) on the basis that reaffirmation and settlement agreements entered into by appellant-debtors during prior bankruptcy proceedings bar their later action against the same creditor for alleged violations of the automatic stay and discharge provisions of the U.S. Bankruptcy Code. We...

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