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Discharge Injunction violations: In re Marino Says Fine Print Doesn't Save the Creditor
Business Law Section
Credit(s):
1 Legal Specialization in Bankruptcy Law
1 Participatory MCLE Credits
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.
1 Legal Specialization in Bankruptcy Law
1 Participatory MCLE Credits
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