Bankruptcy – Discharge injunction – Foreclosure

By New England In-House Staff
Posted: 6:18 pm Tue, January 24, 2012
TAGS: Jan. 30 2012 issue

Where a U.S. Bankruptcy Court judge found that the defendants did not violate the discharge injunction by refusing to foreclose or release its mortgage lien on the plaintiff debtors’ residence, the judge’s ruling was not inconsistent with Pratt v. General Motors Acceptance Corp. (In re Pratt), 462 F.3d 14 (1st Cir. 2006), and accordingly should be affirmed.

In Re: Canning, Ralph G., III, et al. (Lawyers Weekly No. 03-023-11) (16 pages) (Tester, J.) (BAP) Appealed from the U.S. Bankruptcy Court for the District of Maine (Docket No. EP 11-034) (Dec. 12, 2011).