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§ 524

W.R. Grace & Co., In re

Ruling: 
Court found that negligence claims against debtor’s insurer did not satisfy the derivativeliability and statutory relationship requirements necessary to be enjoined by the channelinginjunction. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on September 23,2019, LexisNexis #1119-041

Laudato, In re

Ruling: 
Discharge injunction not violated as the posting of charges on website had no intent tocoerce or harass the debtors into paying the debt. (Bankr. N.D. Ohio)
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Consumer case opionion summary, case decided on September 17,2019, LexisNexis #1119-009

Morales, In re

Ruling: 
Correspondence from creditor related to valid lien that did not coerce debtor to makepayments did not violate the discharge injunction. (Bankr. D.P.R.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on September 10,2019, LexisNexis #1119-010

Roth, In re--Roth v. Nationstar Mortg., LLC

Ruling: 
Statement sent by mortgage holder did not violate the discharge injunction as it was forinformational purposes only and included payment voucher marked as voluntary. (11th Cir.)
ABI Membership is required to access the full summary of Roth, In re--Roth v. Nationstar Mortg., LLC. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 28,2019, LexisNexis #1019-065

Sterling, In re

Ruling: 
Court erred in failing to hold creditor in contempt for his lawyers’ violation of the dischargeinjunction despite the creditor's knowledge of the discharge order. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on August 13,2019, LexisNexis #1019-037

Cantrell, In re

Ruling: 
Loan modification agreement did not violate the discharge injunction as it was not areaffirmation agreement. (Bankr. W.D. Mich.)
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Consumer case opionion summary, case decided on August 14,2019, LexisNexis #1019-038

Deemer, In re

Ruling: 
Motion of contempt and sanctions was granted in part because creditor failed to either timelyrepossess the surrendered vehicle or release the title. (Bankr. M.D. Ala.)
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Consumer case opionion summary, case decided on June 17,2019, LexisNexis #0819-091

Hafen, In re

Ruling: 
Creditors' suit that did not put debtor at risk for personal liability and required debtor'spresence to establish liability was excepted from the discharge injunction and was notgrounds for sanctions. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on June 06,2019, LexisNexis #0819-063

Taggart v. Lorenzen

Ruling: 
Sanctions are appropriate where the creditor violates a discharge order based on an objectivelyunreasonable understanding of the order or the statutes that govern its scope. (Supreme Court)
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Court: Judge or Jurisdiction information not available
Consumer case opionion summary, case decided on June 03,2019, LexisNexis #0819-038

Cantin, In re

Ruling: 
No stay and discharge violations occurred where creditors' participation in the state courtcriminal prosecution did not indicate bad faith. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 30,2019, LexisNexis #0819-039

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