Holcomb v. Norwest Financial, Inc.

[David A. Szwak]

Holcomb v. Norwest Financial, Inc.
217 B.R. 239
N.D.Ill.,1998.
January 15, 1998

Former debtors who had entered into bankruptcy reaffirmation agreements with creditors brought action against creditors, alleging violations of the Bankruptcy Code and other federal and state claims. Some creditors moved to refer all claims to bankruptcy court and to sever one former debtor's claims on misjoinder grounds. The District Court, Bucklo, J., held that: (1) because claims alleging violation of the Racketeer Influenced and Corrupt Organizations Act (RICO) had not been dismissed and former debtors had demanded jury trial, matter would not be referred to bankruptcy court, and (2) former debtor's claims, which were based on creditors' post-bankruptcy credit reporting rather than on reaffirmation agreements, arose from different transactions and occurrences than those of other plaintiffs and, thus, his claims would be severed for misjoinder.
Motion to refer denied, motion to sever granted.

MEMORANDUM OPINION AND ORDER


BUCKLO, District Judge.
Plaintiffs, Patricia Holcomb, et al., filed a ten count complaint against the defendants alleging bankruptcy claims and other federal and state claims. Norwest Financial Illinois, Inc., Norwest Financial Massachusetts, Inc., and Norwest Financial, Inc. (collectively “Norwest Defendantsâ€