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In Re: Giles v. James B. Nutter & Co., BK 09-67840, AP 12-5493, Doc. #28

The Debtor in this Chapter 7 case sought to hold the Defendant in civil contempt for alleged violations of the discharge injunction under section 524. The Debtor repeatedly told the Defendant she wanted to continue to make payments and remain in her home.  Defendant’s actions in calling the Debtor to remind her missed payments, sending letters to the Debtor reminding her of missed payments, and inspecting the property for occupancy when the payments were in arrears of 31 days or more were not attempts to collect debt from the Debtor as her personal liability.  The lender’s intent was to encourage the Debtor to catch up the missed payments and thereby avoid foreclosure, which was consistent with the Debtor’s goal to keep her home.  The Court held there is no private right of action under section 524(a)(2).

File: 
Date: 
09/29/2013