Legal Opinion

Brown v. Bank of America (In re Brown)

United States Bankruptcy Court, W.D. Pennsylvania

Decided November 1, 2012No. Bankruptcy No. 09-25942-CMBPublishedCited by 21 opinions

1Opinion of the Court

MEMORANDUM OPINION

CARLOTA M. BOHM, Bankruptcy Judge.

The matter before the Court is the Debtor’s motion seeking an award of damages on the basis of alleged violations of the discharge injunction by Bank of America.1 For the reasons stated herein, this Court finds that, while most of the Debt- or’s allegations were not proven to be violations of the discharge injunction, certain statements mailed to the Debtor by Bank of America seek payment of a discharged debt. Accordingly, this Court finds that Bank of America is in contempt of court for sending said statements to the Debtor in violation of…

2Cases cited9 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. International Union, United Mine Workers v. BagwellSupreme Court of the United States · 1994
  3. Paul v. IglehartCourt of Appeals for the Tenth Circuit · 2008
  4. In Re: Marianne Joubert Marianne Joubert v. Abn Amro Mortgage Group, Inc. F/k/a Atlantic Mortgage and Investment CorporationCourt of Appeals for the Third Circuit · 2005
  5. Wingard v. Altoona Regional Health Systems (In Re Wingard)United States Bankruptcy Court, W.D. Pennsylvania · 2008

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3Cited by21 opinions

  1. Best v. Nationstar Mortgage LLC (Best)Bankruptcy Appellate Panel of the First Circuit · 2015
  2. Mele v. Bank of America Home Loans (In re Mele)United States Bankruptcy Court, N.D. Georgia · 2013
  3. Henriquez v. Green Tree Servicing, LLC (In re Henriquez)United States Bankruptcy Court, N.D. Georgia · 2015
  4. Todt v. Ocwen Loan Servicing, LLC (In re Todt)United States Bankruptcy Court, D. New Hampshire · 2017
  5. In re GillUnited States Bankruptcy Court, W.D. New York · 2015

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