Legal Opinion
Rhyne v. Cunningham (In Re Rhyne)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 8, 1986No. 19-11778PublishedCited by 18 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The issue under scrutiny is whether a creditor who violates the permanent injunction of 11 U.S.C. § 524(a) of the Bankruptcy Code (“the Code”) barring the collection of a discharged debt, may be held in civil contempt for that conduct and be surcharged attorneys’ fees. We hold that a violation of § 524(a) may be redressed through contempt and the exaction of attorneys’ fees.
We summarize the facts of this case as follows: 1 Several years ago Mamie Cunningham (“Cunningham”) commenced in state court, through her counsel, James R. Moyles (“Moyles”), of the…
2Cases cited20 opinions
- Link v. Wabash RailroadSupreme Court of the United States · 1962
- Goodman v. Mead Johnson & Co.Court of Appeals for the Third Circuit · 1976
- Hritz v. Woma Corp.Court of Appeals for the Third Circuit · 1984
- Kalb v. FeuersteinSupreme Court of the United States · 1940
- In Re Fidelity Mortgage Investors, Debtor. Fidelity Mortgage Investors, Applicant-Appellee v. Camelia Builders, Inc.Court of Appeals for the Second Circuit · 1977
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Wagner v. Ivory (In Re Wagner)United States Bankruptcy Court, E.D. Pennsylvania · 1987
- Texaco Inc. v. Sanders (In Re Texaco Inc.)United States Bankruptcy Court, S.D. New York · 1995
- Dubin v. Jakobowski (In Re Stephen W. Grosse, P.C.)United States Bankruptcy Court, E.D. Pennsylvania · 1988
- Atkins v. Martinez (In Re Atkins)United States Bankruptcy Court, D. Minnesota · 1994
- Richard v. City of ChicagoDistrict Court, N.D. Illinois · 1987
13 more not listed; retrieve them via the Exa API.