- 11 U.S.C.
In re Parham
Jul
29
2013
Ruling
Debtor could not proceed against the IRS for violation of the discharge injunction until administrative remedies had been exhausted.
Issue(s)
Whether the debtors were obligated to exhaust their administrative remedies before proceeding with a motion to hold the IRS in contempt under 26 U.S.C.S. § 7433(d)(1) for violating the discharge injunction found in 11 U.S.C.S. § 524(a)(2) and (3).
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Court
:
- 11 U.S.C.
Whitaker v. Bank of Am. (In re Whitaker)
Jun
07
2013
Ruling
Adversary proceeding for violation of discharge injunction dismissed as it should have been brought as a motion for contempt.
Procedural posture
In an adversary proceeding, plaintiff debtors sought an award of compensatory and punitive damages from defendant creditor, a bank, for alleged contempt of the discharge injunction imposed by 11 U.S.C.S. § 524(a)(2). The bank moved for dismissal, contending, in part, that any remedy for a violation of the discharge injunction must be pursued through a motion for contempt rather than an adversary proceeding.
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Court
:
- 11 U.S.C.
In re Owsley
May
29
2013
Ruling
Motion to reopen to file motion for contempt denied as collection of nondischargeable child support did not violate discharge injunction.
Procedural posture
The debtors filed a motion seeking to reopen a chapter 13 bankruptcy case to allow them to file a motion for contempt based on an alleged violation of a discharge injunction under 11 U.S.C.S. § 524(a)(2).
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Court
:
- 11 U.S.C.
In re Campbell
Jan
06
2013
Ruling
Bank violated discharge injunction by seeking punitive damages for debtor's prepetition conduct.
Issue(s)
Whether a bank was in contempt for violation of a discharge injunction pursuant to 11 U.S.C.S. § 524(a)(2) based on the bank's post-petition actions in a circuit court, including asserting a lien and pursuing a constructive trust on property titled to the debtor's father and seeking punitive damages against the debtor.
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Court
:
- 11 U.S.C.
In re Culpepper
Nov
05
2012
Ruling
Bank's continuing contacts with debtor regarding refinancing debt violated discharge injunction.
Procedural posture
Debtors, a husband and wife, filed a motion to reopen their chapter 7 bankruptcy case, and after the court granted their motion, they filed a motion seeking an order holding a bank in contempt for violating the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) when their debts were discharged. The husband withdrew from the debtors' contempt motion, and the bank filed a motion for summary judgment.
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Court
:
- 11 U.S.C.
In re Jones
Nov
02
2012
Ruling
Bank violated discharge injunction by filing foreclosure action seeking personal judgment against debtor.
Procedural posture
Chapter 13 debtors filed a motion to reopen their bankruptcy case and asked the court to hold a bank in contempt for violating the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) when they obtained their discharge. The parties submitted the issues to the court on stipulated facts.
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Court
:
- 11 U.S.C.
Grochowski v. Commonwealth Fin. Sys. (In re Grochowski)
Oct
26
2012
Ruling
Actual and punitive damages awarded for creditor's attempt to collect prepetition debts in violation of discharge injunction.
Procedural posture
Chapter 13 debtor and creditor stipulated that the creditor's conduct violated the automatic stay under 11 U.S.C.S. § 362(k)(1). The debtor also claimed violations of the discharge injunction under 11 U.S.C.S. § 524. Trial was held, with the main determination on damages, and specifically, punitive damages.
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Court
:
- 11 U.S.C.
Cordero v. Cooperative De Ahorro Y Creditor Nuestra Seora De La Candelaria (In re Cordero)
Oct
23
2012
Ruling
Creditor was subject to sanctions for collection efforts that violated discharge injunction.
Procedural posture
Debtors brought an adversary proceeding against creditor, asserting violations of the discharge injunction, pursuant to 11 U.S.C.S. § 524(a)(2), moved for partial summary judgment on the claim.
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Court
:
- 11 U.S.C.
Ashley v. University of Ala. Health Servs. Found. PC (In re Ashley)
Sep
06
2012
Ruling
Actual and punitive damages awarded where creditor sought to collect debt in total and complete disregard for discharge injunction.
Procedural posture
This adversary proceeding alleging violation of the discharge injunction, 11 U.S.C.S. § 524(a)(2), came before the court for a hearing to prove damages following entry of a Default Judgment in favor of plaintiff debtor and against defendant creditor.
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Court
:
- 11 U.S.C.
In re Lunt
Aug
31
2012
Ruling
Trustee's offset of trust distribution to satisfy debtor's interest obligation on note did not violate discharge injunction.
Procedural posture
Debtor, a beneficiary of a family trust, brought a motion alleging contempt by the trustee of the trust for violation of the discharge injunction in debtor's estate, pursuant to 11 U.S.C.S. § 524(a)(2). The trustee and the other two sibling-beneficiaries, asserted that the trustee's offset of a distribution of trust income to the debtor to satisfy debtor's obligation for interest on a promissory note. The parties moved for summary judgment.
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Court
: