Skip to main content

§ 524(a)

Sorrenti, In re--Sorrenti v. Dep't of Treasury

Ruling
Department of the Treasury’s garnishment notice violated the discharge instruction. (Bankr. D.P.R.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Sorrenti, In re--Sorrenti v. Dep't of Treasury Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 29, 2025 , LexisNexis #1125-013

Lockhart-Johnson, In re

Ruling
Debtor’s discharge barred claims against community property and creditor had not established any exceptions to discharge. (Bankr. C.D. Cal.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Community Claim Against Property of Debtor.

ABI Membership is required to access the full summary of Lockhart-Johnson, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 26, 2025 , LexisNexis #1125-014

Wallace, In re--Wallace v. Two Bobcats, Inc.

Ruling
Creditors sent demand letter and filed for arbitration in willful violation of the discharge injunction. (Bankr. S.D. Tex.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Wallace, In re--Wallace v. Two Bobcats, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 19, 2025 , LexisNexis #1025-082

Sterling, In re--Sterling v. Southlake Nautilus Health & Racquet Club, Inc.

Ruling
Fees awarded as compensatory damages for violation of discharge injunction that caused injury to debtor. (7th Cir.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

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

Consumer opinion summary, case decided on June 20, 2025 , LexisNexis #0825-089

Laurion, In re--Laurion v. PHH Mortg. Corp.

Ruling
PHH's mere policy of holding partial payments in suspense, without actually applying it to the debtor, is not an act to collect a debt in violation of § 524(a)(2). (Bankr. D. Conn.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Laurion, In re--Laurion v. PHH Mortg. Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on March 18, 2025 , LexisNexis #0525-089

Texaco, Inc., In re

Ruling
Claims under state coastal resources management law fell clearly within provision of plan which protected claims of governmental units arising under environmental laws from discharge. (Bankr. S.D.N.Y.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Texaco, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 21, 2025 , LexisNexis #0425-088

Daly, In re

Ruling
Further prosecution of prepetition action was barred by the discharge injunction but claims for declaratory relief unrelated to personal liability could proceed. (Bankr. S.D. Fla.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

ABI Membership is required to access the full summary of Daly, In re 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 08, 2025 , LexisNexis #0325-041

Hughes, In re--Hughes v. MTGLQ Invs., LP

Ruling
Reactivating reformation action and instituting foreclosure proceedings did not violate the discharge injunction as these actions sought to enforce creditors' in rem rights. (Bankr. M.D.N.C.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief.

ABI Membership is required to access the full summary of Hughes, In re--Hughes v. MTGLQ Invs., LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on December 27, 2024 , LexisNexis #0325-006

Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC

Ruling
Any claim for post-petition rent was treated as a pre-petition claim and was discharged as it was undisputed that the Chapter 7 trustee did not assume the debtor's unexpired residential lease. (Bankr. N.D. Ala.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to Recover a Debt as Personal Liability of Debtor.

ABI Membership is required to access the full summary of Parrish, In re--Parrish v. BSFR Prop. Mgmt., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 27, 2024 , LexisNexis #1224-041

Lee, In re

Ruling
Creditor violated the discharge by repossessing her vehicle and making threats ofgarnishment purporting to treat the outstanding balance on the car loan as a personalobligation of the debtor. (Bankr. W.D. Mich.)
Issue(s)
Effect of Discharge; Avoidance And Injunctive Relief; Injunction Against Actions to

ABI Membership is required to access the full summary of Lee, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 21, 2024 , LexisNexis #0824-088