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In re Tucker (Case No. 12-71910) 2/27/2015

Debtor brought a Motion for Sanctions for Violation of the Automatic Stay after she received a mortgage billing statement from a creditor that did not contain any disclaimer language acknowledging that she had received a discharge in bankruptcy and was no longer personally obligated on the debt.  The Court construed her request as a request for damages for violation of the discharge injunction of 11 U.S.C. § 524(a).  The creditor asserted that the mortgage billing statement was sent as a result of an innocent clerical error and was a mistake.  The Court concluded that the creditor willfully violated the discharge injunction by sending the mortgage billing statement without any disclaimer language.  Nevertheless, the Court held that punitive damages were not appropriate because the creditor's actions were not egregious or vindictive, and found that the debtor failed to prove any damages since she only alleged emotional distress, which the Fourth Circuit has disallowed as an item of damages of civil contempt.

Date: 
Friday, February 27, 2015
Category: 
Automatic Stay
Discharge Injunction
Sanctions and contempt
Chapter: 
7