Valdellon, In re--Valdellon v. Wells Fargo Bank, N.A.
Apr
30
2024
Ruling
Plaintiffs could not recover nonpecuniary emotional distress damages based on a claim under11 U.S.C. § 524(i), which treated a violation of its terms as a violation of § 524(a)(2). (Bankr. E.D.Cal.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Harrison, In re--Harrison v. Nationstar Mortg. LLC
Aug
14
2023
Ruling
Debtor failed to satisfy her burden of proof that the creditor violated the discharge injunctionby willfully failing to credit payments received under the debtor's confirmed plan. (Bankr. D.Kan.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Swink, In re--Swink v. Fannie Mae
Oct
12
2021
Ruling
Debtor's motion to dismiss granted in part as the debtor sufficiently alleged that defendantsfailed to properly credit payments during the prior bankruptcy case. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Carnegie, In re--Carnegie v. Nationstar Mortg., LLC
Sep
29
2020
Ruling
Creditor’s referral to collection agency did not violate the discharge injunction as it waslimited to long-term debts that were not discharged through a Chapter 13 plan. (Bankr.M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Williams, In re--Williams v. CitiFinancial Servicing LLC
Jan
24
2020
Ruling
Motion to dismiss stay and discharge violation claims denied as creditor mortgage servicers’actions with regard to misapplied payments constitute violations of the discharge injunctionand automatic stay. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Ridley, In re--Ridley v. M & T Bank
May
31
2017
Ruling
Court had power under law to hold in contempt a bank for violating a discharge order by stillcharging the debtor for a debt he had already paid in full. (Bankr. E.D. Okla.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
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Arrington, In re--Arrington v. Ocwen Loan Servicing, LLC
Feb
28
2017
Ruling
Mortgage servicer enjoined from commencing or continuing proceedings to foreclose mortgaged property and ordered to appear to show cause. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Failure to Credit Payments Received.
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Court
:
Scott v. Caliber Home Loans Inc. (In re Scott)
Jul
28
2015
Ruling
Creditor violated the discharge injunction by failing to properly credit debtor's chapter 13 plan payments and claiming late charges.
Issue(s)
Did creditor violate the discharge injunction by failing to properly credit debtor for payments received pursuant to debtor's confirmed plan?
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Court
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Englert v. Ocwen Loan Servicing LLC (In re Englert)
Jul
08
2013
Ruling
Assessment statements were not clearly attempts to collect debt and did not violate discharge injunction.
Procedural posture
Chapter 13 debtors filed a complaint pursuant to 11 U.S.C.S. § 524(i) against defendant creditor, alleging that the creditor violated the discharge injunction. After the creditor failed to respond to the debtors' motion to compel discovery, the court issued an order deeming the request for admissions admitted and set rule to show cause hearing. The debtors sought to have the complaint granted as a sanction pursuant to 11 U.S.C.S. § 105.
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Court
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In re Nelson
Dec
23
2008
Ruling
Model plan language added to paragraphs dealing with mortgage payments in four chapter 13 plans was disapproved resulting in denial of confirmation.
Procedural posture
The court ruled on creditors' objections to nonstandard language added to Paragraph V.G. in four proposed chapter 13 plan confirmations.
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Court
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