Jun
13
2018
Mejia, In re--Mejia v. Partners for Payment Relief LLC
Ruling:
Defendants sanctioned for coercing debtor under threat of eviction into paying herdischarged loan in violation of the discharge injunction. (Bankr. D. Md.)
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Consumer case opionion summary, case decided on June 13,2018, LexisNexis #0718-072
Jun
07
2018
IRS v. Murphy
Ruling:
Court affirmed that employee of the IRS willfully violated discharge order as the employee knew of the discharge order and took an intentional action that violated the order. (1st Cir.)
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Consumer case opionion summary, case decided on June 07,2018, LexisNexis #0718-042
Court: Judge or Jurisdiction information not available
Mar
13
2018
Fields, In re--Fields v. Wade
Ruling:
In personam judgment against debtor issued by state court was void as garnishment judgment imposed personal liability on the debtor for a discharged debt. (Bankr. N.D. Ind.)
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Consumer case opionion summary, case decided on March 13,2018, LexisNexis #0718-043
Mar
12
2018
Favela, In re
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.)
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Consumer case opionion summary, case decided on March 12,2018, LexisNexis #0718-044
Apr
23
2018
Taggart, In re--Lorenzen v. Taggart
Ruling:
Court affirmed BAP's decision that the bankruptcy court erred when it held the debtor's former business associates in contempt for violating the discharge injunction where creditors had a good faith belief that the discharge injunction did not apply to their attorneys' fee claim. (9th Cir.)
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Consumer case opionion summary, case decided on April 23,2018, LexisNexis #0618-104
Court: Judge or Jurisdiction information not available
May
21
2018
Bateman, In re
Ruling:
Motion to compel arbitration was denied where arbitration of a contempt proceeding for violation of the discharge injunction inherently conflicted with the bankruptcy code and undermined it's authority to enforce its orders and exercise its powers of contempt. (Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on May 21,2018, LexisNexis #0618-105
May
10
2018
Belding-Miller, In re
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.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-050
May
01
2018
Thal, In re
Ruling:
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-015
Mar
07
2018
Anderson, In re--Anderson v. Credit One Bank, N.A.
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.)
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Consumer case opionion summary, case decided on March 07,2018, LexisNexis #0418-043
Court: Judge or Jurisdiction information not available
Mar
09
2018
Stites, In re--United States Tr. v. Howard
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.)
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Consumer case opionion summary, case decided on March 09,2018, LexisNexis #0418-044
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