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Anderson v. Bank of America (In re Anderson) (Case No. 10-60510; A.P. No. 11-06117) 01/27/2012

Debtors sought damages for violation of the discharge injunction and the Fair Debt Collection Practices Act. First, precedent provided that the court may hold parties in contempt for willfully failing to comply with a previous order. The letter sent to the debtors contained language which made it clear that it was not an attempt to collection. Accordingly, the Court held that the defendants did not violate the discharge injunction. Second, the 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 Injunction
Jurisdiction
Chapter: 
7