In re Hitt

Pre 2005-Act: 
Pre 2005-Act
Creditor's efforts to reactivate state court action against debtor violated discharge injunction.
Procedural posture: 
Debtor moved per 11 U.S.C.S. § 350 to reopen his chapter 7 bankruptcy and to reimpose the automatic stay relative to a lawsuit that was pending in state court on the date on which debtor's bankruptcy was filed. At issue was whether plaintiff creditor's efforts to reactivate the state court suit following the closure of the chapter 7 violated the discharge injunction under 11 U.S.C.S. § 524 or was affected by 11 U.S.C.S. § 523.
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Consumer case opionion summary, case decided on April 03,2008, LexisNexis #0508-101