- 11 U.S.C.
Hernandez, In re--Hernandez v. Wells Fargo Home Mortg.
Sep
06
2017
Ruling
Creditor did not violate the discharge injunction as the letters it sent the debtor did not amount to improper coercion or harassment. (Bankr. N.D. Ill.)
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.
Shvartsman, In re
Aug
28
2017
Ruling
The IRS violated the automatic stay in re-recording the liens in the debtors' property. (Bankr.N.D. Cal.)
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.
Guidry, In re
Jul
21
2017
Ruling
Creditor violated the discharge injunction by initially claiming an amount in excess of the value of a motorcycle and by failing to limit its claim to the collateral. (Bankr. E.D. La.)
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.
Sharak, In re
May
18
2017
Ruling
Debtor's motion against loan servicer seeking sanctions against it for civil contempt grantedwhere mortgage statements from the servicer constituted a violation of the dischargeinjunction. (Bankr. N.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
- 11 U.S.C.
Todt, In re
May
17
2017
Ruling
Debtors were granted damages and attorneys' fees for creditor's violation of the dischargeinjunction by continously sending statements to the debtor seeking payment of a mortgagedebt that had been discharged. (Bankr. D.N.H.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to
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Court
:
- 11 U.S.C.
Lewis, In re
Apr
03
2017
Ruling
Debtor's motion for sanctions granted where debtor established that she suffered damages resulting from a wireless phone service provider's violation of the discharge injunction. (Bankr. D. Mont.)
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.
Hardej, In re
Feb
15
2017
Ruling
Court ordered respondents to cease any further pursuit of the debtor as pursuit of actionconstitutes a violation of the discharge injunction. (Bankr. N.D. Ill.)
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.
In re Alder
Oct
13
2016
Ruling
Creditor’s action for breach of prepetition guaranty violated the discharge injunction. (Bankr.D. Md.)
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.
In re Roth
Sep
16
2016
Ruling
Informational statement sent by creditor to debtor did not violate the discharge injunction.(Bankr. M.D. Fla.)
Issue(s)
Should creditor be sanctioned for for its actions to collect a prepetition debt from debtor after confirmation of chapter 13 plan and entry of discharge?
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Court
:
- 11 U.S.C.
Flint v. W. Va. State Tax Dep't (In re Flint)
Sep
12
2016
Ruling
Statements sent to debtor by state tax department violated the discharge injunction. (Bankr.N.D.W. Va.)
Issue(s)
Did state tax department violate the discharge injunction?
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Court
: