Violation of the Bankruptcy Discharge Injunction may have you seeing Green! Part III
By Carmen Dellutri, Attorney at Law on May 3, 2007 in Bankruptcy Practice and Procedure, Florida, General Bankruptcy Information
As more Debtor’s attorneys are able to pursue these claims and become more organized, the playing field is being leveled. Creditors are no longer able to hide these violations from the Debtor’s attorneys like they used to. For example, I can put a post on a list-serve full of debtor’s attorneys nationwide and request information about AT&T’s collection practices and get five responses in less than an hour from outstanding attorneys across the nation who have either sued AT&T, settled with AT&T or have a similar situation right now. This access to information is powerful for the astute attorney looking to protect his client’s rights.
Additionally, it provides the Debtor’s attorney with damaging information to present to the Bankruptcy Judge about the Creditor’s common business practices. For the Debtor, it amounts to higher damage awards. Damage awards that are commensurate with the actual damage done and not just nuisance value settlements. Again, the more egregious the behavior, the more that the Creditor will want to shield itself and the behavior from the public forum of a courtroom.
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