- 11 U.S.C.
Belton, In re--Belton v. GE Capital Retail Bank
Jun
16
2020
Ruling
Proceeding for violation of the discharge order was not an arbitrable dispute. (2d Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
ABI Membership is required to access the full summary of Belton, In re--Belton v. GE Capital Retail Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
( Judge Sullivan ) [ Circuit Court ]
- 11 U.S.C.
Bauer, In re--Bauer v. Credit Cent., LLC
Jun
08
2020
Ruling
Debtor not required to arbitrate claims for violation of discharge. (Bankr. D.S.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Bauer, In re--Bauer v. Credit Cent., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Moser, In re--Sterling-Pacific Lending, Inc. v. Moser
Apr
15
2020
Ruling
Bankruptcy appellate panel remanded for entry of a judgment in favor of the creditor as therewas no dispute that the discharge injunction did not apply to the claims in creditor's alter egocomplaint. (B.A.P. 9th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Moser, In re--Sterling-Pacific Lending, Inc. v. Moser Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
City of Detroit, In re
Apr
06
2020
Ruling
Firefighters’ civil action against debtor city violated the discharge injunction but there wereno grounds for monetary relief. (Bankr. E.D. Mich.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of City of Detroit, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Freeman, In re--Freeman v. Nationstar Mortg. LLC
Oct
29
2019
Ruling
Bankruptcy court erred in concluding that plan and bankruptcy proceedings did not affect thecreditor's lien because it did not take into account that the secured creditor expresslyconsented to confirmation of the plan and the treatment of its claim. (B.A.P. 9th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Freeman, In re--Freeman v. Nationstar Mortg. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bentley, In re
Oct
02
2019
Ruling
Creditor did not violate the discharge injunction by not releasing a lien as the creditor'sconduct was not objectively coercive. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Bentley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Sterling, In re
Aug
13
2019
Ruling
Court erred in failing to hold creditor in contempt for his lawyers’ violation of the dischargeinjunction despite the creditor's knowledge of the discharge order. (7th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Sterling, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Brown, In re
Jul
24
2019
Ruling
Debtor's motion for contempt granted where creditor received notice of the discharge orderbut refused to stop the garnishment until it received the motion for contempt. (Bankr. N.D.Miss.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Brown, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cantin, In re
May
30
2019
Ruling
No stay and discharge violations occurred where creditors' participation in the state courtcriminal prosecution did not indicate bad faith. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Cantin, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jones, In re
May
28
2019
Ruling
Creditor's failure to release a judgment lien violated the discharge injunction as it causedother parties to refuse to proceed with the property sale unless debtor agreed to a reducedpurchase price. (Bankr. E.D. Ky.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
ABI Membership is required to access the full summary of Jones, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: