- 11 U.S.C.
Maddox v. Capital One N.A. (In re Maddox)
May
15
2015
Ruling
Complaint in proceeding seeking damages for creditor's violation of discharge injunction stated a valid claim where creditor clearly sought to collect discharged debt personally from debtor.
Issue(s)
Whether a complaint alleging a violation of the discharge injunction that arose out of the filing of a fully secured proof of claim by a nonrecourse secured creditor, when that creditor had not repossessed its collateral after five years and had expressly reserved the right to seek a discharged deficiency balance, stated a claim for relief which survived a Fed. R. Civ. P. 12(b)(6) motion to dismiss.
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Court
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