Foster v. Onyx Inv. L.L.C. (In re Foster)

Pre 2005-Act: 
Pre 2005-Act
Creditor's attempt to revoke the debtor's discharge based on alleged fraud was untimely since the creditor's attempt did not relate back to an earlier foreclosure action.
Procedural posture: 
Plaintiff discharged bankruptcy debtors reopened their bankruptcy case and brought an adversary proceeding against defendant creditor, an assignee of a predecessor in interest, seeking to enjoin the creditor from attempting to enforce its lien against their real property on the ground that the lien was stripped and the underlying debt was discharged. The debtors and the creditor cross- moved for summary judgment.
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