- 11 U.S.C.
Kirby v. 21st Mortg. Corp.
May
14
2019
Ruling
Summary judgment in favor of creditor was affirmed as the post-discharge communicationsdid not improperly coerce or harass the debtor in paying the discharged debt in violation ofdischarge injunction. (B.A.P. 1st Cir.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fraud.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Kirby, In re--Kirby v. 21st Mortg. Corp.
Jun
26
2018
Ruling
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Kirby, In re--Kirby v. 21st Mortg. Corp.
Jun
26
2018
Ruling
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Belding-Miller, In re
May
10
2018
Ruling
Creditor was sanctioned for willful violations of the discharge injunction where he sued thedebtor in state court to recover the debt after debtor declared chapter 7 bankruptcy andreceived a discharge. (Bankr. W.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Thal, In re
May
01
2018
Ruling
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
- 11 U.S.C.
Favela, In re
Mar
12
2018
Ruling
Sanctions for violation of discharge injunction denied with respect to the claim for post-petition rent as debtor was not on title and had no leasehold interest in the residence. (Bankr. D. Nev.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Stites, In re--United States Tr. v. Howard
Mar
09
2018
Ruling
California law firm penalized and enjoined from future violations for preparing debtor's statement of financial affairs without including required disclosures. (Bankr. D. Or.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Anderson, In re--Anderson v. Credit One Bank, N.A.
Mar
07
2018
Ruling
Court held that the bankruptcy court did not abuse its discretion by denying motion to compel arbitration as arbitration would seriously jeopardize a particular core bankruptcy proceeding. (2d Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Rogers, In re
Jan
05
2018
Ruling
Renewed motion for contempt or violation of the discharge order denied as there was no evidence of new efforts to seek collection of discharged debt. (Bankr. S.D. W. Va.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
:
- 11 U.S.C.
Morgan, In re
Dec
12
2017
Ruling
No violation of discharge injunction in credit union's response to debtor's inquiry that alldelinquent account balances should be paid in full to reinstate or activate a new checkingaccount. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.
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Court
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