Discharge Injunction Violations: In re Marino Says Fine Print Doesn’t Save the Creditor
November 17, 2020, 12 noon – 1 p.m.
Special low price- $15! 1 Hour MCLE; 1 Legal Specialization in Bankruptcy Law
Speakers: Christopher Burke, Leonard Gumport, M. Jonathan Hayes.
Marino deals with letters from creditors to a debtor that said, in the fine print, that the debtor should ignore the letter if the debtor had received a discharge. The bankruptcy court awarded $119,000 in damages to the debtor but ruled that it had no power to award punitive damages. The BAP affirmed but sent it back to the bankruptcy court saying that it could award punitive damages for violation of the discharge injunction.