Oct
29
2019
Freeman, In re--Freeman v. Nationstar Mortg. LLC
Ruling:
Bankruptcy court erred in concluding that plan and bankruptcy proceedings did not affect thecreditor's lien because it did not take into account that the secured creditor expresslyconsented to confirmation of the plan and the treatment of its claim. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on October 29,2019, LexisNexis #1219-067
Oct
02
2019
Bentley, In re
Ruling:
Creditor did not violate the discharge injunction by not releasing a lien as the creditor'sconduct was not objectively coercive. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on October 02,2019, LexisNexis #1119-092
Aug
13
2019
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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Consumer case opionion summary, case decided on August 13,2019, LexisNexis #1019-037
Court: Judge or Jurisdiction information not available
May
30
2019
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
May
28
2019
Jones, In re
Ruling:
Creditor's failure to release a judgment lien violated the discharge injunction as it causedother parties to refuse to proceed with the property sale unless debtor agreed to a reducedpurchase price. (Bankr. E.D. Ky.)
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Consumer case opionion summary, case decided on May 28,2019, LexisNexis #0819-009
May
14
2019
Kirby v. 21st Mortg. Corp.
Ruling:
Summary judgment in favor of creditor was affirmed as the post-discharge communicationsdid not improperly coerce or harass the debtor in paying the discharged debt in violation ofdischarge injunction. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 14,2019, LexisNexis #0719-090
Jul
24
2019
Brown, In re
Ruling:
Debtor's motion for contempt granted where creditor received notice of the discharge orderbut refused to stop the garnishment until it received the motion for contempt. (Bankr. N.D.Miss.)
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Consumer case opionion summary, case decided on July 24,2019, LexisNexis #0919-063
Jun
26
2018
Kirby, In re--Kirby v. 21st Mortg. Corp.
Ruling:
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012
Jun
26
2018
Kirby, In re--Kirby v. 21st Mortg. Corp.
Ruling:
Defendant's motion granted where the written communications did not objectively constitutecoercive or harassing actions and was not a violation of the discharge injunction. (Bankr. D.Me.)
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Consumer case opionion summary, case decided on June 26,2018, LexisNexis #0818-012
Mar
12
2018
Favela, In re
Ruling:
Sanctions for violation of discharge injunction denied with respect to the claim for post-petition rent as debtor was not on title and had no leasehold interest in the residence. (Bankr. D. Nev.)
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Consumer case opionion summary, case decided on March 12,2018, LexisNexis #0718-044
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