- 11 U.S.C.
Konop v. Hawaiian Airlines Inc. (In re Hawaiian Airlines Inc.)
Apr
08
2009
Ruling
Sanctions against pilot for violating confirmation order in employer's case upheld.
Procedural posture
The Bankruptcy Court for the District of Hawaii held on November 24, 2008, that appellant pilot had violated the Confirmation Order, and ordered dismissal of the claims that he had commenced against appellee debtor airline. The bankruptcy court also imposed sanctions against him. He appealed the bankruptcy court's Order. He also requested judicial notice of two letters relating to arbitration proceedings.
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Court
:
- 11 U.S.C.
Jones v. Walter Mortg. Co. (In re Jones)
Jan
12
2009
Ruling
Secured creditor's purchase of required hazard insurance that debtor failed to provide did not violate discharge injunction.
Procedural posture
A debtor filed for relief under chapter 13 of the Bankruptcy Code, and a plan was confirmed. As part of the plan, the debtor paid her secured obligations to defendant creditors. After confirmation, the creditors sought a payment of $4,524 for hazard insurance on the encumbered property. The debtor filed an adversary proceeding challenging the creditors' conduct and sought to file an amended complaint and to certify a class.
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Court
:
- 11 U.S.C.
Jefferson v. Midwest Urological Group Ltd. (In re Jefferson)
Nov
07
2008
Ruling
Violation of discharge injunction did not merit punitive damages absent evidence of financial loss.
Procedural posture
After receiving a discharge, plaintiff chapter 7 debtor sued defendant medical services provider, alleging that the provider violated the automatic stay and the discharge injunction by continuing to attempt to collect a debt, and seeking compensatory damages, attorney fees, and punitive damages. The provider failed to appear or file a responsive pleading. The debtor moved for a default judgment.
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Court
:
- 11 U.S.C.
Winslow v. Salem Five Mortg. Co. LLC (In re Winslow)
Jul
30
2008
Ruling
Creditor violated discharge injunction by publishing inaccurate credit report.
Procedural posture
Plaintiff debtor sought damages from defendant creditor for violation of the discharge injunction under 11 U.S.C.S. § 524(a)(2). She alleged that the creditor, a mortgage company, published inaccurate credit reports and issued improper default notices.
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Court
:
- 11 U.S.C.
Paul v. Iglehart (In re Paul)
Jul
28
2008
Ruling
Continuation of litigation in which debtors were nominal defendants including pursuit of discovery did not violate discharge injunction.
Procedural posture
This case concerned the protective scope of the discharge injunction. Plaintiff debtors brought an adversary proceeding against defendant, a state court plaintiff, alleging violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2). The District Court for the District of Colorado held that the state court plaintiff violated the discharge injunction. The state court plaintiff appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Espinosa v. United States Aid Funds Inc.
Jun
24
2008
Ruling
Finding that student loan creditor violated discharge injunction reversed and remanded as contrary to terms of debtor's plan.
Procedural posture
Plaintiff debtor petitioned a bankruptcy court for an order holding defendant creditor in contempt for violating a discharge injunction, under 11 U.S.C.S. § 524(a)(2). The creditor cross-moved for relief from the bankruptcy court's order confirming a chapter 13 bankruptcy plan. The bankruptcy court held that the creditor violated the discharge injunction. The United States District Court for the District of Arizona reversed. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Gunter v. Kevin OBrien & Assocs. Co. LPA (In re Gunter)
Jun
17
2008
Ruling
Bankruptcy court declined to sanction creditor for obtaining state court judgment in unwitting violation of discharge and vacting the judgment upon notice.
Procedural posture
Chapter 7 debtor sought to sanction defendant, the law firm for a creditor, for violations of the discharge injunction set forth in 11 U.S.C.S. § 524(a)(2).
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Court
:
- 11 U.S.C.
In re Jones
Apr
10
2008
Ruling
Collection agency and its attorney, but not creditor who hired them, were liable for violation of discharge injunction.
Procedural posture
Chapter 7 debtor and his co-debtor spouse filed a motion for contempt sanctions for a violation of the discharge injunction of 11 U.S.C.S. § 524(a)(2) against a creditor, a collection agency, and the agency's attorney.
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Court
:
- 11 U.S.C.
In re Miller
Mar
26
2008
Ruling
Creditor sanctioned for pursuing state court action against debtor in willful violation of discharge injunction.
Procedural posture
Chapter 7 debtors, a husband and wife, filed a motion pursuant to 11 U.S.C.S. § 524(a)(2) for contempt sanctions against a creditor and its counsel for violating the discharge injunction.
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Court
:
- 11 U.S.C.
Saint Torrance v. Cincinnati Gas & Elec. Co. (In re Saint Torrance)
Sep
26
2007
Ruling
Creditor's efforts to collect postpetition debt did not violate discharge injunction.
Procedural posture
Appellant debtor had filed for relief under chapter 7. The debtor sought review of a decision of the Bankruptcy Court for the Southern District of Ohio, which dismissed the debtor's complaint for damages and injunctive relief against defendant utility company.
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Court
:
Judge or Jurisdiction information not available