Tag Archives: discharge of debts

Plan Discharge and Injunction Provisions: Creditors Beware

In re Orleans Homebuilders, Inc., 561 B.R. 46 (Bankr. D. Del. 2016) – A reorganized debtor brought a motion in bankruptcy court to enforce a chapter 11 plan of reorganization injunction: It sought a court order directing a residential condominium … Continue reading

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Chapter 7 Discharge: When Is In Rem Not In Rem?

In re Jackson 554 B.R. 156 (BAP 6th Cir. 2016) – At the request of a chapter 7 debtor, the bankruptcy court reopened his case and sanctioned the debtor’s condominium association for violating his discharge. On appeal the Bankruptcy Appellate … Continue reading

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Condominium Assessments: Dischargeable or Not?

In re Montalvo, 546 B.R. 880 (Bankr. M.D. Fl. 2016) – A chapter 13 debtor moved for sanctions against a condominium as one for violations of the automatic stay and discharge injunction based on collection of condominium assessments. The court’s … Continue reading

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Consumer Foreclosure: Lawyers May Need to Tread Lightly

Jackson v ING Bank, FSB (In re Jackson), 545 B.R. 62 (Bankr. D. Mass 1916) – A chapter 13 debtor sued a mortgagee’s law firm asserting various claims based on the firm’s attempts to exercise remedies in connection with a … Continue reading

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Discharge Injunction: Maybe It Works, and Maybe It Doesn’t

In re Sanchez, 545 B.R. 55 (Bankr. D.N.M. 2016) – Chapter 7 debtors reopened their bankruptcy case so that they could file a motion seeking sanctions against a trash collector for violating the discharge injunction. The court found that there … Continue reading

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Discharge Injunction: Secured Claims Can Ride through Bankruptcy Without Regard to a Discharge

Fonseca v. Gov’t. Employees Ass’n. (In re Fonseca), 534 B.R. 261 (Bankr. D. P.R. 2015) – An individual Chapter 7 debtor sued the Puerto Rico Government Employees Association (AEELA) alleging that it violated the discharge injunction. AEELA made a prepetition loan … Continue reading

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Discharge Injunction: There May Be More Nuances Than You Think

Botson v. Citizens Banking Co. (In re Botson), 531 B.R. 719 (Bankr. N.D. Ohio 2015) – After a secured creditor refused to terminate a UCC‑1 financing statement and filed a UCC‑3 continuation statement instead, individual Chapter 7 debtors sued the creditor alleging … Continue reading

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