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§ 524(a)(2)

Mooney v. Green Tree Serv. LLC (In re Mooney)

Mar
23
2006
Ruling
Creditor willfully and maliciously violated the discharge injunction since the creditor continued to pursue the debtor for the discharged debts.
Procedural posture

Plaintiff, a discharged bankruptcy debtor, brought an adversary proceeding against defendant creditor, alleging that the creditor violated the discharge injunction of 11 U.S.C. § 524(a)(2) by attempting to collect a debt to the creditor which was discharged in the debtor's bankruptcy. The bankruptcy court conducted a trial.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0406-130
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Wood v. United States (In re Wood)

Mar
02
2006
Ruling
IRS's postpetition efforts to collect prepetition debts did not violate discharge injunction since the income tax deficiencies were exempted from discharge.
Procedural posture

Plaintiff debtor sought relief against defendant IRS for the IRS's postpetition efforts to collect debtor's prepetition tax deficiencies, asserting that the IRS violated the court's order confirming debtor's plan and the automatic stay, and filed an alleged false proof of claim. Debtor sought actual and punitive damages, and sanctions against the IRS, which moved to dismiss the complaint.

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opinion summary, case decided on March 02, 2006 , LexisNexis #0506-015
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Hazelquist v. Guchi Moochie Tackle Co.

Feb
09
2006
Ruling
Patent infringement cause of action was not barred by a discharge injunction, and dismissal of the claim was reversed since the alleged further infringements occurred postdischarge.
Procedural posture

Plaintiff, a holder of patent rights, filed a complaint against defendants, a tackle company, and its owner, alleging infringement. The holder appealed from an order of the District Court for the Western District of Washington dismissing his claims against the owner, and its order denying his motion for reconsideration.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on February 09, 2006 , LexisNexis #0206-076
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In re Rudy

Oct
12
2005
Ruling
Debtor's former wife and the wife's attorney were held in contempt for violating a discharge injunction by pursuing indemnification for credit card debts for which the debtor's liability was deemed to have arisen prepetition.
Procedural posture

A chapter 7 matter was before the court on an order requiring debtor's former wife and her attorney to show cause why they should not be held in civil contempt, and appropriate sanctions imposed, for violation of the discharge injunction.

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opinion summary, case decided on October 12, 2005 , LexisNexis #0406-055
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Irby v. Fashion Bug (In re Irby)

Sep
29
2005
Ruling
Creditors did not violate discharge injunction since they only reported the debtor's unpaid but discharged debts and did not act to collect the debts.
Procedural posture

Plaintiffs, discharged bankruptcy debtors, brought an adversary proceeding against defendant creditors alleging that the creditors violated the discharge injunction of 11 U.S.C. § 524 by continuing to report the debtors'discharged debts. The creditors did not respond and the debtors moved for default judgment.

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opinion summary, case decided on September 29, 2005 , LexisNexis #0206-113
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