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https://www.ncbrc.org/blog/2014/04/07/three-cases-of-discharge-injunction-violations/
Apr 07, 2014 · A first amended complaint failed to correct the violation of the discharge injunction, but a second amendment was approved by the bankruptcy court to go forward in the state court. The court then turned to the appropriate disposition of the prior discharge injunction violation.
http://online.wsj.com/public/resources/documents/CWIDEtrustee0304.pdf
Countrywide in Contempt of Cour t for Violation of the Discharge Injunction and for Attorney’s Fees and Other Sanctions (the “Contempt Motion”). A copy of the Contempt Motion is attached as Exhibit 13. 24. On October 29, 2007, Countrywide voluntarily dismissed its Foreclosure Complaint.
https://www.ncbrc.org/blog/2014/10/31/violation-of-discharge-injunction-and-abuse-of-process/
Oct 31, 2014 · The complaint sought an award of attorney’s fees, and compensatory and punitive damages. The creditor moved to dismiss the complaint on the grounds that there is no private right of action for discharge injunction violation and, in the alternative, that its filing of the proof of claim was not a violation of the injunction under section 524(a ...
https://www.bankruptcymastery.com/how-to-enforce-the-discharge-injunction/
350.03[4], p. 350-11 (16th Ed., 2010) (reopening a case to enforce the discharge injunction of section 524(a) is not necessary for the court to render a decision because the court has jurisdiction under 28 U.S.C. section 1334.) Debtor may file his adversary complaints without reopening the main case.
https://www.shulmanrogers.com/assets/htmldocuments/Violating%20a%20Debtors%20Discharge%20Injunction.pdf
had violated the discharge injunction and the award of $25,000 in actual damages, $18,355.16 in attorneys’ fees and sanctions in the amount of $50,000.13 First, the court concluded that filing a proof of claim is a violation of the discharge injunction which could subject a creditor to contempt
https://www.avvo.com/legal-guides/ugc/the-bankruptcy-discharge-injunction-secured-interests-violations-and-sanctions
Jul 27, 2011 · The Bankruptcy Discharge Injunction, Secured Interests, Violations and Sanctions ... does not mean that a violation of the discharge injunction cannot be remedied. Bankruptcy courts have regularly exercised their contempt power under 11 U.S.C. § 105 in order to remedy violations of the discharge injunction."
https://www.law.cornell.edu/uscode/text/11/524
Section 524. Effect of discharge; 11 U.S. Code § 524. Effect of discharge ... shall constitute a violation of an injunction under subsection (a ... the court may approve an agreement entered into in good faith that is in settlement of litigation of a complaint to determine dischargeability or that is entered into in connection with redemption ...
https://www.bankruptcylawnetwork.com/violation-of-the-bankruptcy-discharge-injunction-may-have-you-seeing-green/
Violation of the Bankruptcy Discharge Injunction may have you seeing Green! ... 03 May Violation of the Bankruptcy Discharge Injunction may have you seeing Green! Posted at 11:19h in Bankruptcy Basics by Carmen Dellutri, Esq. 0 Comments. Share.
https://wfactorlaw.com/2017/06/09/bankruptcy-discharge-injunction-litigation-when-the-predator-becomes-the-prey/
A recent case in the District Court, Romanucci & Blandin, LLC et al. v. Lempesis, affirmed a judgment by the Bankruptcy Court awarding $90,000 for an especially egregious violation of the discharge injunction, including damages for emotional distress and punitive damages. Spiro Lempesis, a former baseball coach, was sued by Anthony Collaro, one of his …
http://www.westcoastbk.com/blog/category/violation-of-the-order-of-discharge/
This entry was posted in Discharge, Violation of the Order of Discharge and tagged Bankruptcy, Discharge, Post-Discharge Lawsuit, Section 524 on June 27, 2016 by Admin. The Ninth Circuit Court of Appeals Finally Provides Debtor’s the True Ability to Enforce Their Rights When the Automatic Stay is …
https://www.ohnb.uscourts.gov/sites/default/files/opinions/op-20141003-amber-lynn-luzier-attempt-collect-discharged-debt-subsequent-case-proof-claim-violation_0.pdf
Oct 03, 2014 · FOR VIOLATION OF THE DISCHARGE INJUNCTION AND IMPOSING SANCTIONS ***** This cause is before the Court on Motion for Contempt for Violation of the Discharge Injunction and for Sanctions Pursua nt to FRBP 3002.1 (“Motion for Contempt”) (Doc. 41) filed by Debtor Amber Lynn Luzier on February 28, 2014. The Court held a hearing
https://www.law360.com/articles/696250/how-to-prosecute-contempt-proceedings-in-bankruptcy
Aug 28, 2015 · How To Prosecute Contempt Proceedings In Bankruptcy ... seeking damages for violation of the discharge injunction. Some, on the other hand, file …
https://www.nyeb.uscourts.gov/sites/nyeb/files/opinions/opinion_ast_13-05-03.pdf
complaint and was, therefore, a continuation of the prepetition criminal proceeding. Alternatively, Debtor has failed to establish by clear and convincing evidence that Defendants violated the discharge injunction by filing the post-discharge criminal complaint because (1) the district attorney had discretion to determine whether to investigate ...
https://www.paed.uscourts.gov/documents/opinions/12D0742P.pdf
Complaint [Doc. No. 11], and Plaintiffs filed a First Amended Complaint [Doc. No. 12], bringing claims for willful violation of the bankruptcy discharge injunction, violations of the FCEUA and the UTPCPL, conversion, intentional infliction of emotional distress, negligent infliction of emotional distress, and loss of consortium by Mr. Messer.
http://cdn.ca9.uscourts.gov/datastore/bap/2015/02/12/Segal%20Memo%2014-1175%2014-1224.pdf
took in violation of the discharge injunction was the filing of the cross-complaint naming both of the Segals as defendants. Faden also pointed out that, several days before the evidentiary hearing, he filed in the state court a request for 7
https://insolvencyinsights.com/2019/04/30/the-bankruptcy-discharge-injunction-how-creditors-can-avoid-getting-caught-with-their-hands-in-the-cookie-jar/
The discharge injunction is permanent, survives the bankruptcy case and is always applicable with respect to every debt that was discharged. This injunction is to give complete effect to the discharge and acts to eliminate any doubt concerning the effect of the discharge as a total prohibition on debt collection efforts. This protection is so ...Author: Paul Hammer
https://www.uslegalforms.com/us/US-02159BG.htm
Complaint in Federal District Court for a Mandatory Injunction to Prevent the Substitution of an Honorable Discharge for Invalid, Punitive Court - Martial Ordered Discharge ... Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injunction is not granted ...
https://www.bankruptcylawnetwork.com/when-is-a-violation-of-the-bankruptcy-discharge-not-a-violation/
Most courts have held that there is no private remedy for the violation of the discharge injunction. The remedy is by bringing a lawsuit for contempt of a court order, which leads to sanctions and an award of legal fees. It’s a different car, but it still gets you where you need to go.
http://www.orb.uscourts.gov/sites/orb/files/documents/opinions/09-39216-rld7c.pdf
Discharge Discharge Injunction Willful Violation 11 U.S.C. § 524 Bradley Weston Taggart, Case No. 09-39216-rld7 12/16/2014 RLD Unpub After Chapter 7 debtor received his discharge, co-members of an LLC in which debtor also had a member interest resumed state court litigation to …
http://www.orb.uscourts.gov/sites/orb/files/documents/opinions/03-6426-fra.pdf
Violation of Discharge Injunction 11 USC 524(a) Krohn v. Dempsey, Adversary No. 03-6426 Robert Krohn, Case No. 01-62938 04/14/04 FRA Unpublished Creditor obtained a …
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