Bassett v. American General Finance, Inc. (In Re Bassett)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
CARLSON, Bankruptcy Judge.
Debtor brought a class action asserting a private right of action for violation of the discharge injunction based on a creditor’s collection of debts pursuant to an invalid reaffirmation agreement. The bankruptcy court found that the reaffirmation agreement was valid and dismissed the action with prejudice. We affirm in part and reverse in part. We hold that the reaffirmation agreement was invalid, that there is no private right of action for violation of section 11 U.S.C. § 524, and that Debtor may enforce the discharge injunction through civil contempt…
2Cases cited32 opinions
- Cort v. AshSupreme Court of the United States · 1975
- United States v. United Mine Workers of AmericaSupreme Court of the United States · 1947
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Roy Richard Dittman v. State of California State and Consumer Affairs Agency Medical Board of California Acupuncture Committee and Marilyn NielsenCourt of Appeals for the Ninth Circuit · 1999
- Nl Industries, Inc. v. Stuart M. KaplanCourt of Appeals for the Ninth Circuit · 1986
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3Cited by23 opinions
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- Whitehouse v. LaRocheCourt of Appeals for the First Circuit · 2002
- Lone Star Security & Video, Inc. v. Gurrola (In Re Gurrola)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2005
- Aetna U.S. Healthcare, Inc. v. Madigan (In Re Madigan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
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