From the Editor – Discharge Injunction

By The Honorable William Houston Brown (Retired)

Creditor violated discharge injunction by filing proof of claim in subsequent Chapter 13 for debt discharged in Chapter 7. Affirming, the district court held that the creditor with a deficiency unsecured balance on a mobile home contract violated the discharge injunction in the Chapter 7 case when it filed a proof of claim in the debtors’ subsequent Chapter 13. The court rejected the creditor’s argument that mere filing of a proof of claim was not an act to collect or a discharge injunction violation, concluding that filing a . . .

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