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Pearson v. Bank of America et al (In re Pearson) (Case No. 11-60579-LYN) (A.P. No. 11-06116) 01/27/12

Debtor filed a motion against Bank of America seeking damages for violation of the discharge injunction and the Fair Debt Collection Practices Act. First, precedent provided that the plaintiff had to prove that the defendant willfully violated the discharge injunction. The language of the letter the defendant sent to the plaintiff could not be construed as an attempt at collection. Accordingly, the Court held that the defendant did not violate discharge injunction. Second, he Court did not have jurisdiction over the claim arising under the Fair Debt Collection Practices Act because it was not a matter arising under title 11 and the matter cannot affect the administration of the bankruptcy estate. Accordingly, the Court dismissed the second cause of action.

Date: 
Friday, January 27, 2012
Category: 
Burden of Proof
Default Judgment
Discharge
Injunctions
Jurisdiction
Chapter: 
7