Pennington-Thurman v. Bank of America N.A., No. 13-6023 (8th Cir. 2013)
Annotate this CaseDebtor filed a Chapter 13 bankruptcy petition and her case was converted to a Chapter 7 bankruptcy. On appeal, debtor challenged the bankruptcy court's order denying her motion to reopen her case to pursue an alleged violation of the discharge injunction. The bankruptcy appellate panel (BAP) affirmed the decision of the bankruptcy court where the bankruptcy court correctly concluded that debtor's allegations were without merit and, therefore, the bankruptcy court did not abuse its discretion in denying the motion to reopen her bankruptcy case.
Court Description: Bankruptcy Appellate Panel. Mortgagor's actions in sending debtor certain notices were not an attempt to collect a discharged debt and the bankruptcy court did not err in denying debtor's motion to reopen the case for the purpose of filing an adversary action against the bank for violation of the discharge injunction. [ October 17, 2013
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