Legal Opinion
In Re McNeil
United States Bankruptcy Court, E.D. Pennsylvania
Decided June 24, 1991No. 14-17812PublishedCited by 32 opinions
1Opinion of the Court
OPINION
DAVID A. SCHOLL, Bankruptcy Judge.
A. INTRODUCTION
The instant contested matter presents the issue of whether a pre-petition secured creditor’s demand of $610.40 for “special damages,” incidental to its claim in a post-discharge state-court replevin suit seeking recovery of its collateral, constitutes a violation of the discharge injunction of 11 U.S.C. § 524(a). We disagree with the secured creditor’s assertion that this demand, asserted as compensation for attorneys’ fees and repossession costs incidental to pursuing its replevin action, necessarily arose post-petition simply because…
2Cases cited49 opinions
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- Grady v. A.H. Robins Co.Court of Appeals for the Fourth Circuit · 1988
- In the Matter of Judy Emely Edwards, Also Known as Judy Emely Glass, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1990
44 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re AntoniousUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
- In Re Lease-A-Fleet, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 1992
- Frankel v. Strayer (In Re Frankel)United States Bankruptcy Court, M.D. Pennsylvania · 2008
- In Re GerlingUnited States Bankruptcy Court, W.D. Missouri · 1994
- In Re LairUnited States Bankruptcy Court, M.D. Louisiana · 1999
27 more not listed; retrieve them via the Exa API.