Legal Opinion
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
Decided January 8, 2002No. 00-17036PublishedCited by 239 opinions
1Opinion of the Court
RYMER, Circuit Judge:
We are asked to imply a private right of action for a debtor discharged from bankruptcy to enforce an alleged violation of 11 U.S.C. § 524, which provides that discharge under Title 11 of the Bankruptcy Code operates as an injunction against collecting debt as a personal liability of the debtor.
Donna Marie Walls brought a class action on behalf of Chapter 7 bankruptcy debtors against Wells Fargo Bank for (among other things) violating the discharge injunction by attempting to collect her debt after it had been discharged. The district court concluded that the remedy…
2Cases cited16 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Alexander v. SandovalSupreme Court of the United States · 2001
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Kokoszka v. BelfordSupreme Court of the United States · 1974
11 more not listed; retrieve them via the Exa API.
3Cited by239 opinions
- 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
- Jeanette Randolph v. Imbs, Inc., Cheryl Alexander v. Unlimited Progress Corp., Cross-Appellee. Jennifer J. Cross v. Risk Management Alternatives, Inc.Court of Appeals for the Seventh Circuit · 2004
- Stanley L. Crawford v. LVNV Funding, LLCCourt of Appeals for the Eleventh Circuit · 2014
- Simon v. FIA Card Services, N.A.Court of Appeals for the Third Circuit · 2013
- Simmons v. Roundup Funding, LLCCourt of Appeals for the Second Circuit · 2010
234 more not listed; retrieve them via the Exa API.