discharge-injunction

9 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-497 Jacqueline Sterling v. Southlake Nautilus Health & Racquet Club, Inc. Seventh Circuit 2025-10-22 Denied bankruptcy-discharge contempt-hearing discharge-injunction incarceration-damages reputation-damage tort-principles The first question presented is whether Sterling is entitled to compensation for the decades long effect of this incarceration on her reputation? The …
24-5764 Eva Carmack, aka Eva-Dijna Grant, aka Eva-Djina Grant-Carmack v. Gary Carmack Eleventh Circuit 2024-10-16 Denied Relisted (2)IFP automatic-stay bankruptcy-estate claim-disclosure debtor-standing discharge-injunction due-process-rights Whether a debtor who fails to disclose a claim in bankruptcy schedules is barred from litigating that claim in state court after it becomes property o…
23-785 PHH Mortgage Corporation v. Mark Anthony Guthrie Fourth Circuit 2024-01-22 Denied Amici (4) bankruptcy-code bankruptcy-court civil-contempt debt-collection discharge-injunction federal-preemption preemption state-law-claims uniform-federal-law Whether the Bankruptcy Code preempts state-law claims premised on alleged efforts to collect a debt in violation of the bankruptcy court's discharge i…
23A518 PHH Mortgage Corporation v. Mark Anthony Guthrie Fourth Circuit 2023-12-07 Presumed Complete bankruptcy-code bankruptcy-discharge debt-collection discharge-injunction preemption state-law-claims 1. PHH seeks review of a decision of a divided panel of the Fourth Circuit that creates a direct conflict among the courts of appeals on an important …
21-1321 Yan Sui v. Richard A. Marshack, et al. Ninth Circuit 2022-04-04 Denied Response Waived bankruptcy bankruptcy-court civil-procedure civil-rights discharge-injunction due-process ninth-circuit property-rights standing summary-affirmance takings Layperson Yan Sui is not legally trained to correctly raise the question for Court to decide. Sui has thought about these questions: (1) whether lower…
18-1347 Charles G. Kinney v. Michele Renee Clark Ninth Circuit 2019-04-29 Denied Response Waived attorney-fees bankruptcy bankruptcy-fraud bankruptcy-law civil-rights creditor-misconduct criminal-concealment criminal-law discharge-injunction discharge-violation due-process federal-enforcement fraud judicial-misconduct statutory-immunity The removal was because of crimes (e.g. fraud) and judicial accessories-after-the-fact. Crimes are being committed not only by listed creditors, a con…
18-1349 Charles G. Kinney v. Michele Renee Clark Ninth Circuit 2019-04-29 Denied Response Waived 11-usc-524 attorney-fees bankruptcy bankruptcy-crimes bankruptcy-fraud bankruptcy-procedure civil-rights creditor-misconduct criminal-concealment criminal-law discharge-injunction discharge-violation discharged-debtor due-process fraud judicial-misconduct statutory-interpretation The motion to re-open was because of crimes (e.g. fraud) and judicial accessories-after-the-fact. Crimes are being committed not only by listed credit…
18-1351 Charles G. Kinney v. Michele Renee Clark Ninth Circuit 2019-04-29 Denied Response Waived bankruptcy bankruptcy-fraud bankruptcy-law civil-rights creditor-misconduct criminal-concealment discharge-injunction due-process enforcement-duty first-amendment fraud judicial-immunity judicial-misconduct statutory-violation The counter-claim was because of the crimes (e.g. fraud) and judicial accessories-after-the-fact. Crimes are being committed not only by listed credit…
18-489 Bradley Weston Taggart v. Shelley A. Lorenzen, Executor of the Estate of Stuart Brown, et al. Ninth Circuit 2018-10-16 Judgment Issued Amici (8) bankruptcy-code bankruptcy-law bankruptcy-procedure civil-contempt creditor-good-faith creditor-rights debtor-rights discharge-injunction good-faith judicial-conflict Whether, under the Bankruptcy Code, a creditor's good-faith belief that the discharge injunction does not apply precludes a finding of civil contempt.