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· 7/23/2015

Green Point Credit, LLC v. McLean (In Re McLean)

Citations

  • 794 F.3d 1313
  • 2015 WL 4480920

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that bankruptcy court had authority to hold creditor in contempt for violating discharge injunction
  • holding that “bankruptcy courts generally have authority to award compensatory sanctions for emotional distress caused by a violation of the discharge injunction”
  • holding that emotional distress damages are compensable for discharge injunction violations because such damages are available “in the materially similar context of a violation of the automatic stay”
  • requiring that the creditor “was aware of the discharge injunction and intended the action that violated it” in order to impose sanctions
  • requiring that the creditor “was aware of the discharge injunction and intended the action that violated it[.]” in order to impose sanctions
  • requiring that the creditor “was aware of the discharge injunction and intended the action that violated it” in order to impose sanctions

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Pryor, Black

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.