by Matthew Foley | Jul 26, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In Pratt v. GMAC, 462 F. 3d 14 (1st Cir., 2006), debtors intended to surrender their vehicle by ceding possession rather than reaffirming the debt. The creditor wrote off the balance because the value of the vehicle was less than the...
by Matthew Foley | Jul 25, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In the case of In re Chionis, the Bankruptcy Appellate Panel of the Ninth Circuit Court of Appeals held that a creditor’s stated subjective belief that “no-discharge” language in a loan excepts the loan debt from a bankruptcy discharge...
by Matthew Foley | Jul 17, 2018 | Violations of Automatic Stay and Discharge Order
Tucson Bankruptcy Blog In 2015, in the case of In re Schwartz-Tallard, the Ninth Circuit Court of Appeals held that § 362(k) “authorizes an award of attorney’s fees incurred in prosecuting an action for damages” in cases where creditors violate the automatic stay....