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Wofford v. Scott (In re Scott)

Wofford v. Scott (In re Scott)

Ruling
In rem action to impose equitable lien on property did not violate discharge injunction.
Procedural posture

Plaintiff was a co-owner of certain property with defendant debtor. Plaintiff filed an adversary proceeding to impose an equitable lien on the property at issue. This proceeding was resolved. However, the debtor filed a counterclaim alleging that plaintiff violated the discharge injunction as set forth in 11 U.S.C. § 524(a)(2). Plaintiff moved for summary judgment on his claim and moved to dismiss the counterclaim.

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opinion summary, case decided on July 27, 2006 , LexisNexis #1006-020