Brief of Amicus Curiae, Danny Joe McClure and Kimberly Deskins McClure, Plaintiffs, v. Bank of America, Creditors Financial Group, LLC, and Peter Rebelo, Defendants, Bankr. N.D. Tex. 2010, Adv. No. 08-04000-DML
Nancy B. Rapoport
University of Nevada, Las Vegas, William S. Boyd School of Law
February 9, 2010
Danny Joe McClure and Kimberly Deskins McClure, Plaintiffs, v. Bank of America, Creditors Financial Group, LLC, and Peter Rebelo, Defendants, United States Bankruptcy Court, Northern District of Texas, Adv. No. 08-04000-dml, Docket No. 116, February 9, 2010
This amicus brief, requested by the Bankruptcy Court in the context of a motion for reconsideration, analyzes whether creditors who (1) forward discharged debts for collection or (2) attempt to collect on discharged debts, are liable for actual damages, attorneys' fees, and sanctions for violation of the discharge order entered in the case. The brief discusses what constitutes a knowing violation of the discharge injunction, what constituted actual damages, what the test for reasonableness of attorneys' fees should be, whether the court had the jurisdiction and the power to award sanctions, and whether the original creditor and the debt collector should be jointly and severally liable for the violation of the discharge injunction.
Keywords: amicus, motion for reconsideration, discharge, bankruptcy, attorneys' fees, sanctions, joint and several liability, contempt orders, debt collection, debt collectors, creditors, debtors
JEL Classification: K10, K19, K20, K29, K39, K40, K49Accepted Paper Series
Date posted: February 10, 2010
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