- 11 U.S.C.
Nibbelink v. Wells Fargo Bank (In re Nibbelink)
Feb
11
2009
Ruling
Bank that knowingly violated discharge injunction held liable for punitive damages.
Procedural posture
Chapter 13 debtors filed an adversary proceeding against bank, seeking damages for violation of a discharge injunction. Specifically, the debtors sought damages for overcharges to their account, damages for mental and emotional distress, punitive damages, attorney's fees, the removal of adverse entries from their credit bureau reports, and a daily fine. The court held an evidentiary hearing.
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Court
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