Skip to main content

§ 542(a)(2)

Quinones v. Operating Partners Co. LLC (In re Quinones)

Ruling
Motion for execution of prepetition judgment debt violated the discharge injunction.
Issue(s)
Whether creditor willfully violated the discharge injunction pursuant when it filed a motion for execution of judgment in a state court collection action initiated pre-petition by operating partners against the debtor after a discharge order was entered?

ABI Membership is required to access the full summary of Quinones v. Operating Partners Co. LLC (In re Quinones) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 19, 2016 , LexisNexis #0616-053

Whitman-Nieves v. Puerto Rico Fed. Credit Union (In re Whitman-Nieves)

Ruling
Creditor violated the discharge injunction by sending payment book to debtor's mother, who had guaranteed the debt.
Issue(s)
Did creditor violate the discharge injunction by sending a payment booklet to the address of the debtor's mother, the guarantor of debtor's loan?

ABI Membership is required to access the full summary of Whitman-Nieves v. Puerto Rico Fed. Credit Union (In re Whitman-Nieves) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 08, 2016 , LexisNexis #0516-023

Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling)

Ruling
Use of adversary proceeding for finding of violation of discharge injunction was improper.
Procedural posture

Chapter 7 debtor filed an adversary proceeding against defendants, a health and racquet club, a law firm, and an attorney, claiming that defendants violated the injunction that was imposed pursuant to 11 U.S.C.S. § 524(a)(2) by continuing collection activities against her with respect to a pre-petition debt that was discharged in bankruptcy. The law firm and the attorney filed a motion to dismiss.

ABI Membership is required to access the full summary of Sterling v. Southlake Nautilus Health & Raquet Club Inc. (In re Sterling) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on January 31, 2013 , LexisNexis #0313-093