In re LJL (01-51665)

Creditor’s proof of claim based on tort and contract damages would not be enforceable under state law, and thus was disallowed by the Court. The claim arose from a contract to perform automotive repairs, which did not give rise to an independent duty such that a tort action could be maintained. Furthermore, the terms of the agreement between the parties were so uncertain as to render the contract unenforceable.

Thursday, April 17, 2003