Englert v. Ocwen Loan Servicing LLC (In re Englert)
Jul
08
2013
Ruling
Assessment statements were not clearly attempts to collect debt and did not violate discharge injunction.
Procedural posture
Chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 524(i) against defendant creditor, alleging that the creditor violated the discharge injunction. After the creditor failed to respond to the debtors' motion to compel discovery, the court issued an order deeming the request for admissions admitted and set rule to show cause hearing. The debtors sought to have the complaint granted as a sanction pursuant to 11 U.S.C.S. § 105.
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Court
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