Legal Opinion
Cox v. Zale Delaware, Inc.
District Court, N.D. Illinois
Decided November 24, 1999No. 99 C 1670PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
BUCKLO, District Judge.
This case primarily raises the issue of what remedies are available when a creditor admittedly violates the discharge injunction embodied in Section 524 of the Bankruptcy Code (the “Code”) by failing to file a reaffirmation agreement with the Bankruptcy Court, then collecting on the void agreement. In previous proceedings, Judge Castillo and Bankruptcy Judge Son-derby have concluded that the only option to the appellant is to seek contempt sanctions in the Bankruptcy Court'in which the discharge was issued. Based on the facts at bar, I agree…
2Cases cited27 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Touche Ross & Co. v. RedingtonSupreme Court of the United States · 1979
- Transamerica Mortgage Advisors, Inc. v. LewisSupreme Court of the United States · 1979
- Zavelo v. ReevesSupreme Court of the United States · 1913
- MSR Exploration, Ltd. v. Meridian Oil, Inc.Court of Appeals for the Ninth Circuit · 1996
22 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bessette v. AVCO Financial Services Inc.Court of Appeals for the First Circuit · 2000
- David J. Pertuso, Karen A. Pertuso v. Ford Motor Credit CompanyCourt of Appeals for the Sixth Circuit · 2000
- Cherry v. Arendall (In Re Cherry)United States Bankruptcy Court, E.D. Virginia · 2000
- Bassett v. American General Finance, Inc. (In Re Bassett)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- Beck v. Gold Key Lease, Inc. (In Re Beck)United States Bankruptcy Court, E.D. Pennsylvania · 2002
9 more not listed; retrieve them via the Exa API.