Skip to main content

Baker v. Somerville Mun. Fed. Credit Union (In re Baker)

Baker v. Somerville Mun. Fed. Credit Union (In re Baker)

Ruling
Collection notices sent by creditor with actual notice were presumptively deliberate violations of stay.
Procedural posture

Plaintiff debtor brought a complaint against defendant lender alleging violation of the automatic stay, 11 U.S.C. § 362, the discharge injunction pursuant to 11 U.S.C. §§ 524 and 105. The matter came before the court for hearing on cross motions for summary judgment.

ABI Membership is required to access the full summary of Baker v. Somerville Mun. Fed. Credit Union (In re Baker) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on November 20, 2006 , LexisNexis #0107-088