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
May
10
2018
Belding-Miller, In re
Ruling:
Creditor was sanctioned for willful violations of the discharge injunction where he sued thedebtor in state court to recover the debt after debtor declared chapter 7 bankruptcy andreceived a discharge. (Bankr. W.D.N.C.)
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Consumer case opionion summary, case decided on May 10,2018, LexisNexis #0618-050
May
01
2018
Thal, In re
Ruling:
Court ruled that IRS violated the discharge injunction of both debtors where its interceptionof funds proved to be intentional. (Bankr. S.D. Fla.)
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Consumer case opionion summary, case decided on May 01,2018, LexisNexis #0618-015
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