Ameriquest Mortg. Co. v. Nosek (In re Nosek)
Oct
03
2008
Ruling
Damages awarded for mortgage creditor's alleged violations of plan reversed due to absence of underlying violation of Bankruptcy Code.
Procedural posture
A bankruptcy court awarded emotional distress damages and punitive damages, pursuant to 11 U.S.C.S. § 105(a), to appellee chapter 13 debtor in an adversary proceeding based on appellant mortgagee's violations of 11 U.S.C.S. § 1322(b). The Massachusetts District Court affirmed the judgment and confirmation of an amended chapter 13 plan to reflect the awards. Appellant challenged the decisions.
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Court
:
Judge or Jurisdiction information not available