- 11 U.S.C.
Leatherwood, In re
Feb
23
2021
Ruling
Exception to discharge for unlisted debts ceased to apply to a creditor's judgment against adebtor who had received a discharge in a no-asset Chapter 7 case. (Bankr. E.D. Mich.)
Issue(s)
Effect of Discharge; Avoidance and Injunctive Relief; Judgments Regarding Debtor’s
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Court
:
- 11 U.S.C.
Maderos, In re
Feb
17
2021
Ruling
Court concluded that no judgment lien could attach to the subject property becausejudgment was discharged in the bankruptcy case prior to the debtor's acquisition of thesubject property. (Bankr. E.D. Cal.)
Issue(s)
Effect of Discharge; Avoidance and Injunctive Relief; Judgments Regarding Debtor’s
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Court
:
- 11 U.S.C.
Moore v. Couture (In re Couture)
Dec
04
2020
Ruling
State court's determination that debtor was personally liable for alimony judgment debt wasvoid as the debt had been discharged in debtor's bankruptcy. (Bankr. D. Mont.)
Issue(s)
Effect of Discharge; Avoidance and Injunctive Relief; Judgments Regarding Debtor’s
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Court
:
- 11 U.S.C.
Melendez v. Cooperativa De AC Naguabena (In re Melendez)
Jul
20
2015
Ruling
Filing of lis pendens by unsecured creditor violated the discharge injunction.
Issue(s)
Did unsecured creditor violate the discharge injunction by filing a lis pendens against debtor's property?
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Court
:
- 11 U.S.C.
In re Rosa
Dec
10
2014
Ruling
Discharge injunction from debtor's prior case prevented creditor from resurrecting in personam claim against debtor in current chapter 13 case.
Issue(s)
Did mortgagee hold an allowed unsecured in personam claim against "chapter 20" debtor after chapter 7 discharge?
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Court
:
- 11 U.S.C.
Flanders v. Lawrence (In re Flanders)
Sep
16
2014
Ruling
Debtor who litigated issues relating to divorce settlement in state court could not seek to avoid the resulting orders for violating the discharge injunction.
Issue(s)
Did orders resulting from settlement in divorce proceeding in which debtor had litigated the issues violate the discharge injunction?
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Court
:
- 11 U.S.C.
In re Wilcox
May
28
2014
Ruling
State department of corrections violated the discharge injunction by collecting for prepetition costs and expenses of debtor's incarceration.
Issue(s)
Did state department of corrections violate the discharge injunction by collecting for prepetition costs and expenses of debtor's incarceration?
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Court
:
- 11 U.S.C.
Smith v. Missouri
Feb
05
2013
Ruling
State's deduction of incarceration charge from debtor's account did not violate discharge injunction.
Procedural posture
Debtor challenged a decision of the United States Bankruptcy Court for the Western District of Missouri, which denied the debtor's motion for contempt for appellee State of Missouri's alleged violation of the discharge injunction of 11 U.S.C.S. § 524(a)(1).
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Merritt
Apr
09
2007
Ruling
Reaffirmation agreement approved as meeting requirements despite being filed more than one year post-discharge.
Procedural posture
A creditor filed a chapter 7 debtor's reaffirmation agreement as to a motor vehicle financed with the creditor.
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Court
:
- 11 U.S.C.
In re Parker
Sep
14
2006
Ruling
Earned Income Tax Credit and Child Tax Credit refunds were property of the estate.
Procedural posture
Chapter 7 trustee filed a motion for an order requiring debtor to turn over certain tax refunds, which consisted of an Earned Income Tax Credit ("EITC") and a Child Tax Credit ("CTC"). Trustee also objected to debtor's claimed exemption in the refunds.
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Court
: