Bankruptcy – Discharge injunction – Foreclosure
Where a U.S. Bankruptcy Court judge found that the defendants did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the plaintiff debtors’ residence, the...
View ArticleBankruptcy – Discharge injunction – Mortgage
Where a mortgage lender refused to foreclose on the debtors’ property or to release the lien on the property, the lender did not violate the discharge injunction.
View ArticleBankruptcy – Discharge injunction – Mortgage
Where a debtor claimed that his mortgage lender violated the discharge injunction, 11 U.S.C. §524(a), the lender was correctly awarded judgment on the pleadings, as all of the communications sent to...
View ArticleBankruptcy – Discharge injunction
Where a debtor has alleged that a lender violated the discharge injunction, judgment was correctly granted to the lender, as it did not to attempt collect a discharged debt from the debtor in personam....
View ArticleBankruptcy – Discharge injunction – Mortgage
Where plaintiffs whose mortgage debt was discharged in bankruptcy claimed that the defendant lender violated the discharge injunction provisions of 11 U.S.C. §524(a) by sending them each a form...
View ArticleBankruptcy – Discharge injunction – Mortgage
Where two debtors claimed that a bank violated the discharge injunction, that claim was correctly rejected in U.S. Bankruptcy Court based on the absence of any allegation that the bank improperly...
View ArticleBankruptcy – Discharge injunction – Credit card account
Where a debtor whose Chapter 7 case was closed in 1998 has filed an adversary proceeding against a defendant bank, the bank is entitled to summary judgment, as the bank’s inadvertent application of a...
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