Walls v. Wells Fargo Bank, N.A., 276 F.3d 502 (9th Cir. 2002), does not preclude a Fair Debt Collection Practices Claim Act (15 U.S.C. § 1692 et seq.) claim by a debtor who receives a discharge...
Judge(s):
Kim McLane Wardlaw, Deborah L. Cook,* and Danielle J. Hunsaker, Circuit Judges (The Honorable Deborah L. Cook, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation)
The Court of Appeals affirmed the rulings of the District and Bankruptcy Courts that the state tax authorities' levy upon the Debtors' account was barred by the applicable statute of limitations,...
Judge(s):
Daughtrey, Gibbons and Griffin; Opinion by Gibbons
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
(1) Affirming the bankruptcy court's judgment of $1,000 per each improper post-discharge contact of the debtors by the creditor; and (2) vacating, and remanding to the bankruptcy court, the...
Judge(s):
FARIS, LAFFERTY, TIGHE (U.S. Bankr. C.D. Cal., sitting by designation)
A discharge granted to Chapter 13 debtors does not enjoin the state from post-discharge collection of non-dischargeable domestic support obligation, even if a portion of such obligation was...
Judge(s):
WOLLMAN and LOKEN, Circuit Judges, and NELSON (D. Minn,, sitting by designation)
Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
9 years 6 months ago
Citation:
2016 WL 4147641 (6th Cir. BAPp 2016)
Ruling:
Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...
Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
9 years 8 months ago
Citation:
State of Missouri, Department of Social Services v. Spencer (In re Spencer), Case No. 15-6030 (8th Cir. B.A.P. June 13, 2016)
Ruling:
Chapter 13 discharge injunction under sections 523(a)(5) and 1328(a) does not apply to domestic support obligations, including domestic support obligations disallowed under section 502.
Green Point Credit, LLC v. McLean (In re McLean), Case No. 14-14002 (11th Cir. July 23, 2015).
Ruling:
The Eleventh Circuit concluded that Green Point Credit, LLC and Green Tree Servicing, LLC (collectively, "Green Tree") violated the discharge injunction by filing a proof of claim in the debtors'...
Judge(s):
Carnes, Chief Judge, and Pryor, J., and Black, Circuit Judges.
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
12 years 5 months ago
Citation:
No. 12-1521/2904 (Sept. 4, 2013) (Precedential)
Ruling:
Affirming the District Court's ruling, the Third Circuit Court of Appeals held: (a) Section 524(g) broadly encompasses all asbestos-related actions against the debtors, including claims for...
