Jul
08
2020
Bentley, In re--Bentley v. OneMain Fin. Grp., LLC
Ruling:
Bankruptcy court did not err concluding that creditor did not violate the discharge injunction when it failed to release its lien on debtor's vehicle after it decided not to repossess the vehicle. (B.A.P. 6th Cir.)
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Consumer case opionion summary, case decided on July 08,2020, LexisNexis #0820-062
Jun
17
2020
Moss, In re
Ruling:
Creditor held in contempt for violating the discharge order by attempting to collect pre-petition fines. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on June 17,2020, LexisNexis #0720-088
Jun
16
2020
Belton, In re--Belton v. GE Capital Retail Bank
Ruling:
Proceeding for violation of the discharge order was not an arbitrable dispute. (2d Cir.)
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Consumer case opionion summary, case decided on June 16,2020, LexisNexis #0720-087
Jun
08
2020
Bauer, In re--Bauer v. Credit Cent., LLC
Ruling:
Debtor not required to arbitrate claims for violation of discharge. (Bankr. D.S.C.)
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Consumer case opionion summary, case decided on June 08,2020, LexisNexis #0720-062
Court: Judge or Jurisdiction information not available
Apr
15
2020
Moser, In re--Sterling-Pacific Lending, Inc. v. Moser
Ruling:
Bankruptcy appellate panel remanded for entry of a judgment in favor of the creditor as therewas no dispute that the discharge injunction did not apply to the claims in creditor's alter egocomplaint. (B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on April 15,2020, LexisNexis #0620-038
Apr
06
2020
City of Detroit, In re
Ruling:
Firefighters’ civil action against debtor city violated the discharge injunction but there wereno grounds for monetary relief. (Bankr. E.D. Mich.)
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Commercial case opionion summary, case decided on April 06,2020, LexisNexis #0520-089
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
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