Legal Opinion
In re Azevedo
United States Bankruptcy Court, E.D. California
Decided March 4, 2014No. 09-12615PublishedCited by 7 opinions
1Opinion of the Court
OPINION
FREDRICK E. CLEMENT, Bankruptcy Judge.
A debtor seeking contempt for a discharge violation must prove that the creditor knew the discharge was applicable. Jose Azevedo owed Central Valley Dairymen, Inc. (“CVD”) money, filed bankruptcy under an alias but failed to give CVD notice. Unaware of the bankruptcy, CVD garnished Azevedo’s wages. Azevedo pro*280tested, but refused to confirm his identity and at trial did not prove that the discharge applied to CVD’s claim. Should CVD be held in contempt?
FACTS
Jose Azevedo (“Azevedo”) emigrated from the Azores to the United States at a young age. He…
2Cases cited17 opinions
- Grogan v. GarnerSupreme Court of the United States · 1991
- Brown v. FelsenSupreme Court of the United States · 1979
- In Re Thomas James Dyer, Debtor. Nancy Knupfer, Trustee v. John Lindblade, in Re Thomas James Dyer, Debtor, John Lindblade v. Nancy Knupfer, TrusteeCourt of Appeals for the Ninth Circuit · 2003
- Federal Trade Commission v. Affordable Media, LLCCourt of Appeals for the Ninth Circuit · 1999
- Donna Marie Walls, on Behalf of Herself and All Others Similarly Situated v. Wells Fargo Bank, N.A.Court of Appeals for the Ninth Circuit · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Daniels v. Howe Law Firm, P.C. (In re Daniels)United States Bankruptcy Court, N.D. Georgia · 2018
- Golden v. JP Morgan Chase Bankt (In re Golden)United States Bankruptcy Court, E.D. New York · 2019
- Homaidan v. SLM Corp. (In re Homaidan)United States Bankruptcy Court, E.D. New York · 2019
- Cesar v. Charter Adjustments Corp.District Court, E.D. California · 2014
- In re MighellUnited States Bankruptcy Court, C.D. California · 2017
2 more not listed; retrieve them via the Exa API.