Critical Case Comment

By Kevin R. Anderson, Chapter 13 Standing Trustee for the District of Utah

Green Point Credit, LLC, Green Tree Servicing LLC v. McLean, 14-14002, 2015 WL 4480920 (11th Cir. July 23, 2015): Filing a claim in a Chapter 13 case for a previously discharged debt violates § 524(a)(2) when the objective effect of such filing places pressure on the debtor to repay the debt through the plan.

In 2009, the debtors obtained a Chapter 7 discharge that included an $11,000 unsecured claim to Green Tree. In 2012, the debtors filed a Chapter 13 . . .

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