I'm trying to determine how violations post-discharge and pre-discharge differ as far as filing complaints and santions to the violating creditor. From what I've read, the santions for violations pre-discharge (362 violations) are pretty clear cut but sanctions for violations post discharge (524 violations) are completely different. If a creditor's violations are post-discharge, can the discharged debtor received monetary compensation as a remedy for the violation(s)?
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Filed Non-Consumer Chapter 7: 07/31/2009
341 Hearing: 09/03/2009
Last Day for Creditor's Objections: 11/02/2009
Discharged! 11/03/2009 CLOSED! 01/05/2010
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Post discharge, you'll have to file a motion to reopen your bk.
At that point it's up to the judge assigned to your case to determine if a violation occured and the approiate penalty. -
Keepmine is correct. You do not have a private cause of action for violation of the discharge injunction. Your sole remedy is to seek a contempt sanction against the creditor and such a sanction is completely up to the judge. You would have to reopen your case and file a Motion for Contempt. Actual damages, if there are any, are not recoverable. See Walls v. Wells Fargo Bank, NA, 276 F.3d 502 (9th Cir. 2002) and Barrientos v. Wells Fargo Bank, NA, ___ F.3d ___ (9th Cir. 2011)
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